SN Parker Pty Ltd T/A Dome Kalamunda Summary

[2013] FWCA 2112

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SN Parker Pty Ltd T/A Dome Kalamunda
(AG2013/252)

SN PARKER PTY LTD - ENTERPRISE AGREEMENT 2013

Hospitality industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 8 APRIL 2013

Application for approval of the SN Parker Pty Ltd - Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the SN Parker Pty Ltd - Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 seven days from the date of this decision. The nominal expiry date of the Agreement is 1 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SN Parker Pty Ltd T/A Dome Kalamunda applied to the Fair Work Commission for approval of the Enterprise Agreement 2013. The applicant argued that the agreement was appropriate for the employees covered by it. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement provided fair and reasonable terms and conditions of employment, and if it was made in good faith.

The applicant argued that the agreement met all the necessary criteria, providing fair and reasonable terms and conditions of employment. The applicant submitted that the agreement was made in good faith and was not detrimental to the employees. The Commission considered the evidence and submissions from both parties, and examined the provisions of the agreement to ensure that it met the statutory requirements.

After considering the arguments and the evidence presented, the Commission found that the agreement was appropriate for the employees covered by it. The Commission determined that the agreement provided fair and reasonable terms and conditions of employment, and that it was made in good faith. The Commission approved the agreement, and it became a legally binding enterprise agreement under the Fair Work Act 2009. The applicant was successful in its application for approval of the agreement.

SN Parker Pty Ltd T/A Dome Kalamunda

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established