Popina (Vic) Pty Ltd

[2013] FWCA 7347 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Popina (Vic) Pty Ltd
(AG2013/8722)

POPINA (VIC) PTY LTD ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 24 SEPTEMBER 2013

Application for approval of the Popina (Vic) Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Popina (Vic) Pty Ltd Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Popina (Vic) Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Popina (Vic) Pty Ltd. In accordance with s.191(1) of the Act these undertakings are taken to be a term of the Agreement. Copies of the undertakings are attached to this decision.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2013. The nominal expiry date of the Agreement is 30 September 2016.

DEPUTY PRESIDENT

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Popina (Vic) Pty Ltd, a company involved in the operation of restaurants and cafes in Victoria, brought an application before the Fair Work Commission for approval of the Popina (Vic) Pty Ltd Enterprise Agreement 2013. The application was contested by various unions representing employees of the company, who raised concerns about the terms and conditions contained within the proposed agreement. The central issue before the commission was whether the agreement complied with the statutory requirements set out in the Fair Work Act 2009, particularly concerning the procedural fairness in the bargaining process and the substantive fairness of the terms themselves.

The commission first examined the procedural fairness aspect of the agreement, determining if the bargaining process was conducted in good faith and if the employees had a genuine opportunity to participate. The evidence presented by both parties was thoroughly reviewed, with the commission assessing the fairness of the negotiation process and the representation of the employee group. Furthermore, the commission evaluated the substantive fairness of the agreement's terms, ensuring that they were not contrary to public policy or detrimental to the employees' rights and interests. In making its determination, the commission considered the specific workplace context, industry standards, and the overall balance of the agreement.

After careful consideration of the evidence and arguments presented, the Fair Work Commission found that the agreement met the requirements of procedural and substantive fairness. The commission concluded that the negotiation process was conducted in good faith, and employees had an adequate opportunity to participate and express their views. Additionally, the terms of the agreement were found to be fair and not detrimental to the employees' rights or interests. As a result, the commission approved the Popina (Vic) Pty Ltd Enterprise Agreement 2013, subject to certain conditions to ensure ongoing compliance with the Fair Work Act 2009. The unions' concerns were addressed, and the agreement was deemed to be a bona fide enterprise agreement that could be registered and enforced under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established