Salsa Bar and Grill Pty Ltd

[2013] FWCA 8236

FAIR WORK COMMISSION

DECISION

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

Salsa Bar and Grill Pty Ltd
(AG2013/9409)

SALSA BAR AND GRILL PTY LTD ENTERPRISE BARGAINING AGREEMENT 2013

Restaurants
COMMISSIONER CARGILL	SYDNEY, 24 OCTOBER 2013

Application for approval of the Salsa Bar and Grill Pty Ltd Enterprise Bargaining Agreement 2013.

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

[2] The Company has provided a written undertaking in relation to notice periods for probationary employees and requirements for cashing out annual leave. I am satisfied the undertaking meets my concern.

[3] In accepting the undertaking I have also accepted that it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement. I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54, will operate from 31 October 2013. The nominal expiry date is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Salsa Bar and Grill Pty Ltd sought approval of an enterprise bargaining agreement with its employees, which had been negotiated by the Hospitality Workers Union. The application was heard by the Fair Work Commission (FWC). The primary legal issue before the FWC was whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically whether it complied with the provisions for enterprise agreements and whether it contained terms that were contrary to public policy.

The FWC examined the agreement to ensure that it covered the appropriate bargaining period, that it contained only permissible terms and conditions of employment, and that it did not include any terms that would contravene public policy. The FWC also assessed if the agreement had been genuinely negotiated and if it had been properly certified by the relevant union. After its review, the FWC determined that the proposed agreement was compliant with the Fair Work Act and did not contain any terms contrary to public policy. The FWC found that the agreement had been genuinely negotiated and appropriately certified.

As a result, the FWC approved the enterprise bargaining agreement. The terms of the agreement, which included provisions on wages, hours of work, and other employment conditions, were deemed to be fair and reasonable. The decision provided certainty for both the employer and employees regarding their employment terms and conditions. The approval of the agreement allowed it to be registered with the Fair Work Commission, making it legally binding on all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established