Platinum Pigs Pty Ltd T/A Hogs Breath Brisbane Summary

[2013] FWCA 485

FAIR WORK COMMISSION

DECISION

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

Platinum Pigs Pty Ltd T/A Hogs Breath Brisbane
(AG2012/12891)

PLATINUM PIGS PTY LTD - ENTERPRISE AGREEMENT 2012

Restaurants
COMMISSIONER ASBURY	BRISBANE, 21 JANUARY 2013

Application for approval of the Platinum Pigs Pty Ltd - Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Platinum Pigs Pty Ltd - Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Platinum Pigs Pty Ltd t/a Hogs Breath Brisbane. 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 18 January 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 28 January 2013. The nominal expiry date of the Agreement is 1 May 2015.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Platinum Pigs Pty Ltd, trading as Hogs Breath Brisbane, sought approval of an enterprise agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission, which is tasked with regulating and approving enterprise agreements to ensure they comply with the Act's requirements. The applicant sought approval for the Platinum Pigs Pty Ltd - Enterprise Agreement 2012. The legal issues before the court centred on whether the agreement met the prerequisites for approval as stipulated by the Fair Work Act. Key concerns included the process by which the agreement was negotiated, whether it provided for a genuine bargain between the employer and employees, and whether it contained the necessary provisions regarding employee rights and obligations. The court examined the evidence and submissions provided to determine if the agreement satisfied all statutory requirements and if the negotiation process was fair and genuine.

In its reasoning, the court noted that the agreement had been negotiated over several months with multiple meetings between the parties. It found that the negotiation process was comprehensive and included adequate representation from both the employer and employees. The court also considered the provisions of the agreement and concluded that they aligned with the protections and entitlements required by the Fair Work Act. The court was satisfied that the agreement represented a genuine bargain, as it provided for a fair and reasonable balance of rights and obligations between the parties. Consequently, the court approved the agreement, finding it to be in compliance with the statutory requirements for enterprise agreements under the Fair Work Act.

The Fair Work Commission approved the Platinum Pigs Pty Ltd - Enterprise Agreement 2012. The court's decision was based on a thorough evaluation of the negotiation process and the content of the agreement, which met all the necessary criteria for approval. The agreement was found to be fair and genuinely negotiated, providing for a balanced set of rights and obligations for both the employer and employees. This ruling ensures that the terms and conditions of employment as outlined in the agreement are legally binding and enforceable under the Fair Work Act.

Platinum Pigs Pty Ltd T/A Hogs Breath Brisbane

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established