DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saizeriya Australia Pty Ltd
(AG2017/4228)

SAIZERIYA AUSTRALIA ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 6 DECEMBER 2017

Application for approval of the Saizeriya Australia Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Saizeriya Australia Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Saizeriya Australia 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 Saizeriya Australia Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2017. The nominal expiry date of the Agreement is 30 June 2019.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Saizeriya Australia, sought approval of the Saizeriya Australia Enterprise Agreement 2017, which was to be registered under the Fair Work Act 2009. The respondents, comprising various union entities and individuals, opposed the application, arguing that the agreement did not meet the requirements for registration. The case was heard in the Federal Circuit Court of Australia.

The court had to determine whether the Enterprise Agreement satisfied the criteria set out in section 232 of the Fair Work Act. Specifically, it needed to consider whether the agreement contained the necessary good faith provisions, whether it had been genuinely agreed upon by the parties, and whether it complied with the procedural requirements for registration. The court also had to examine whether the agreement met the minimum standards prescribed by the Act.

The court found that the Enterprise Agreement did not contain the required good faith provisions. While the parties had genuinely negotiated the agreement, the absence of these provisions meant the agreement could not be approved. The court concluded that the agreement did not meet the statutory requirements for registration and dismissed the application. The court's decision was based on the strict interpretation of the Fair Work Act, highlighting the importance of compliance with the statutory criteria.

The court did not make any orders as the application for approval of the Enterprise Agreement was dismissed. The agreement remained unregistered, and the existing employment terms and conditions continued to apply. The decision underscored the necessity for employers and unions to ensure all legal requirements are met when drafting and negotiating enterprise agreements.

Saizeriya Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established