Shiv Shakti Trading Pty Ltd T/A Zarraffas Chatswood Summary

[2013] FWCA 1040

FAIR WORK COMMISSION

DECISION

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

Shiv Shakti Trading Pty Ltd T/A Zarraffas Chatswood
(AG2012/12917)

SHIV SHAKTI TRADING PTY LTD T/A ZARRAFFAS CHATSWOOD ENTERPRISE AGREEMENT 2012

Restaurants
COMMISSIONER ASBURY	BRISBANE, 13 FEBRUARY 2013

Application for approval of the Shiv Shakti Trading Pty Ltd T/A Zarraffas Chatswood Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Shiv Shakti Trading Pty Ltd t/a Zarraffas Chatswood Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shiv Shakti Trading Pty Ltd t/a Zarraffas Chatswood. The agreement is a single-enterprise agreement.

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

[3] On 12 February 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 20 February 2013. The nominal expiry date of the Agreement is 13 February 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Shiv Shakti Trading Pty Ltd, trading as Zarraffas Chatswood, which applied for the approval of their Enterprise Agreement 2012. The application was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the necessary statutory requirements for approval. The agreement was intended to regulate the employment terms and conditions of certain employees within the company.

The central legal issue before the Commission was whether the Enterprise Agreement 2012 adhered to the provisions of the Fair Work Act 2009, specifically sections concerning the minimum entitlements of employees, the process for negotiating agreements, and the content requirements of such agreements. The Commission needed to assess if the agreement was genuinely bargained, free from coercion, and if it provided fair and reasonable terms for the employees covered by it. Additionally, the Commission had to consider whether the agreement included all mandated minimum terms and conditions as stipulated by the Act.

In deliberating on the matter, the Commission reviewed the bargaining process and the content of the agreement, examining whether it was negotiated in good faith and covered all necessary terms. The Commission determined that the agreement had been fairly negotiated and did not contain any provisions that would undermine the employees' rights or entitlements. The agreement was found to comply with all statutory requirements, providing fair and reasonable terms for the employees. Consequently, the Commission approved the Enterprise Agreement 2012, confirming its validity and enforceability under the Fair Work Act 2009.

Shiv Shakti Trading Pty Ltd T/A Zarraffas Chatswood

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established