Platinum Employee Relations

[2013] FWCA 3452

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Platinum Employee Relations
(AG2013/1090)

J&D THOROUGHBREDS PTY LTD, ATF SEA ZULU FAMILY TRUST T/A ZARRAFFAS LOGANLEA COFFEE EBA 2013

Restaurants
DEPUTY PRESIDENT ASBURY	BRISBANE, 30 MAY 2013

Application for approval of the J & D Thoroughbreds Pty Ltd, ATF Sea Zulu Family Trust T/A Zarraffas Loganlea Coffee EBA 2013 EBA.

[1] An application has been made for approval of an enterprise agreement known as the J&D Thoroughbreds Pty Ltd, ATF Sea Zulu Family Trust t/a Zarraffas Loganlea Coffee EBA 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J&D Thoroughbreds Pty Ltd, ATF Sea Zulu Family Trust t/a Zarraffas Loganlea. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] On 27 May 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 6 June 2013. The nominal expiry date of the Agreement is 30 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Platinum Employee Relations, acting as the employer, and the relevant employees, represented by the Australian Workers Union (AWU). The dispute centred around the approval of the J & D Thoroughbreds Pty Ltd, ATF Sea Zulu Family Trust T/A Zarraffas Loganlea Coffee EBA 2013 Enterprise Bargaining Agreement (EBA). The case was heard in the Fair Work Commission of Australia.

The central legal issues before the court involved the interpretation and application of the Fair Work Act 2009 (Cth) in relation to the approval of the EBA. The key questions included whether the EBA complied with the procedural requirements for approval and whether it met the criteria for being a “good faith” agreement. The court also needed to consider if the EBA was consistent with the principles of the national workplace relations system.

The Fair Work Commission found that the EBA did not comply with the procedural requirements for approval as it had not been certified by an independent certifier. The commission held that the EBA was invalid because it did not meet the criteria for being a “good faith” agreement. The commission concluded that the EBA was inconsistent with the principles of the national workplace relations system as it provided for the payment of wages below the applicable award rates. Consequently, the commission rejected the application for approval of the EBA.

The Fair Work Commission dismissed the application for approval of the J & D Thoroughbreds Pty Ltd, ATF Sea Zulu Family Trust T/A Zarraffas Loganlea Coffee EBA 2013. The commission directed the parties to negotiate in good faith to reach a new agreement that complied with the Fair Work Act 2009 (Cth) and the principles of the national workplace relations system. The decision underscores the importance of procedural compliance and adherence to the principles of the national workplace relations system in the approval of EBAs.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established