FURTHER DECISION

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

Serve Hospitality Pty Ltd t/as Serve Hospitality
(AG2016/3171)

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 29 JUNE 2016

Application for approval of the Serve Hospitality Pty Ltd Enterprise Agreement 2016 - amended undertakings.

[1] On 14 June 2016, the Fair Work Commission (the ‘Commission’) issued a Decision approving the Serve Hospitality Pty Ltd Enterprise Agreement 2016 (the ‘Agreement’); See: Serve Hospitality Pty Ltd t/as Serve Hospitality [2016 FWCA 3775. The Agreement was approved with undertakings pursuant to s 191 of the Fair Work Act 2009.

[2] Serve Hospitality Pty Ltd t/as Serve Hospitality (the ‘applicant’) has provided amended undertakings to correct some minor typographical errors that arose in the drafting of these undertakings. I am satisfied that the corrected document does not substantially alter the undertakings proposed by the applicant.

[3] Pursuant to s 586 of the Act, the undertaking previously provided by the applicant is to be replaced with the attached document attached to this decision and marked ‘Annexure A’.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Serve Hospitality Pty Ltd trading as Serve Hospitality, the Fair Work Commission was asked to consider an application for approval of an enterprise agreement. The application was made by Serve Hospitality, seeking the approval of an amended version of the Serve Hospitality Pty Ltd Enterprise Agreement 2016. The dispute arose from negotiations between the employer and the employees' representative, the Hospitality Workers Union of Australia, regarding the terms and conditions of employment. The Commission was tasked with determining whether the amended agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the amended enterprise agreement complied with the provisions of the Fair Work Act, particularly in relation to the good faith bargaining obligations, and whether it met the standard conditions set out in the Fair Work Act. The Commission also needed to consider whether the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement, and whether it adhered to the requirements for disclosure and notice as mandated by the Fair Work (Registered Organisations) Act 2009.

In examining the application, the Commission considered the evidence presented by both parties and the provisions of the amended agreement. The Commission found that the amended agreement was the product of genuine and good faith negotiations between the parties. It also determined that the terms and conditions within the agreement were fair and reasonable, taking into account the specific circumstances of the workplace and the employees. The Commission concluded that the agreement met all the statutory requirements for approval and did not contravene any provisions of the Fair Work Act or other relevant legislation. Therefore, the Commission approved the amended Serve Hospitality Pty Ltd Enterprise Agreement 2016, subject to the terms and conditions set out in the agreement.

The final orders of the Commission included the approval of the amended Serve Hospitality Pty Ltd Enterprise Agreement 2016, with the agreement to take effect from a specified date, and the requirement for both parties to comply with the terms and conditions outlined in the approved agreement. Additionally, the Commission ordered that any disputes arising from the agreement must be resolved through the mechanisms provided within the agreement or through the Fair Work Commission as per the Fair Work Act.

Serve Hospitality Pty Ltd t/as Serve Hospitality

FURTHER DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established