DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shrine International Pty Ltd Pty Ltd ATF Shrinestar Family Trust T/A Muzz Buzz Girrawheen and Muzz Buzz Whitfords
(AG2020/3009)

SHRINE INTERNATIONAL ENTERPRISE AGREEMENT 2020

Fast food industry
COMMISSIONER WILLIAMS	PERTH, 2 NOVEMBER 2020

Application for approval of the Shrine International Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Shrine International Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shrine International Pty Ltd Pty Ltd ATF Shrinestar Family Trust T/A Muzz Buzz Girrawheen and Muzz Buzz Whitfords. 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 9 November 2020. The nominal expiry date of the Agreement is 1 October 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Shrine International Pty Ltd, trading as Muzz Buzz Girrawheen and Muzz Buzz Whitfords, filed an application for the approval of the Shrine International Enterprise Agreement 2020 before the Fair Work Commission. The applicant sought to have the agreement registered with the Fair Work Commission, which would make it a legally enforceable contract between the employer and its employees. The nature of the dispute involved the terms and conditions of employment under the proposed agreement and whether it met the necessary legal criteria for approval.

The legal issues before the court centred on whether the proposed enterprise agreement complied with the requirements set forth in the Fair Work Act 2009. This included ensuring that the agreement provided for fair and reasonable terms and conditions, did not unfairly discriminate against any group of employees, and had been made in good faith. Additionally, the court had to consider whether the agreement included all the mandated minimum terms as required by the Act.

In its reasoning, the court examined the provisions of the proposed agreement and the submissions made by both parties. The court found that the agreement met all the necessary criteria for approval. It contained fair and reasonable terms, did not unfairly discriminate, and was made in good faith. Furthermore, the agreement included all the mandated minimum terms. Consequently, the court approved the application and registered the Shrine International Enterprise Agreement 2020.

The final orders of the court included the approval and registration of the Shrine International Enterprise Agreement 2020, effective from the date of the decision. The agreement would now serve as a binding contract between Shrine International Pty Ltd and its employees, governing their terms and conditions of employment.

Shrine International Pty Ltd Pty Ltd ATF Shrinestar Family Trust T/A Muzz Buzz Girrawheen and Muzz Buzz Whitfords

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established