RLG DCW PTY LTD T/A DOME WARWICK Summary

[2013] FWCA 2545

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RLG DCW PTY LTD T/A DOME WARWICK
(AG2013/972)

RLG DCW PTY LTD - ENTERPRISE AGREEMENT 2013

Restaurants
DEPUTY PRESIDENT MCCARTHY	PERTH, 29 APRIL 2013

Application for approval of the RLG DCW Pty Ltd - Enterprise Agreement 2013.

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

[2] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 1 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, RLG DCW Pty Ltd, trading as Dome Warwick, applied for the approval of the Enterprise Agreement 2013. The dispute centred around whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically focusing on the process followed in the making of the agreement and its compliance with the Fair Work Regulations 2009. The applicant argued that the agreement was made in good faith and in accordance with the relevant provisions of the Act and Regulations.

The key legal issues the Commission was required to decide included whether the bargaining process was conducted in good faith, if the agreement was made without coercion, and whether it complied with the minimum terms and conditions as prescribed by the Fair Work Act 2009. Additionally, the Commission had to consider if the agreement was properly notified and if the bargaining representatives had the authority to enter into the agreement on behalf of the employees.

The Commission found that the bargaining process was conducted in good faith and that there was no evidence of coercion. The agreement was also found to comply with the minimum terms and conditions set out in the Fair Work Act 2009. The Commission determined that the agreement was properly notified and that the bargaining representatives had the necessary authority to enter into the agreement. Based on these findings, the Commission approved the Enterprise Agreement 2013, confirming that it met the statutory requirements and was fit for registration.

The final orders of the Commission included the approval of the Enterprise Agreement 2013, with the agreement to be registered on the Register of Employment Agreements. The Commission directed that the agreement would commence on a specified date and would remain in effect until it was terminated or varied in accordance with the Fair Work Act 2009. The decision provides clarity on the requirements for enterprise agreements and sets a precedent for future applications in similar circumstances.

RLG DCW PTY LTD T/A DOME WARWICK

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established