DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Springfield Retail Pty Ltd ATF Springfield Retail Unit Trust T/A Zarraffas Booval
(AG2017/3244)

SPRINGFIELD RETAIL PTY LTD ATF SPRINGFIELD RETAIL UNIT TRUST T/A ZARRAFFAS BOOVAL 2017 EBA

Restaurants
COMMISSIONER SAUNDERS	MELBOURNE, 13 SEPTEMBER 2017

Application for approval of the Springfield Retail Pty Ltd ATF Springfield Retail Unit Trust T/A Zarraffas Booval 2017 EBA.

[1] An application has been made for approval of an enterprise agreement known as the Springfield Retail Pty Ltd ATF Springfield Retail Unit Trust T/A Zarraffas Booval 2017 EBA (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Springfield Retail Pty Ltd ATF Springfield Retail Unit Trust T/A Zarraffas Booval. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2017. The nominal expiry date of the Agreement is 12 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved Springfield Retail Pty Ltd, trading as Zarraffas Booval, seeking approval of an Enterprise Bargaining Agreement (EBA) from 2017. The application was made in the Fair Work Commission, with the employer contending that the EBA was fair and reasonable, while the employees' representative argued otherwise. The legal issues that needed resolution were whether the EBA met the requirements under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and whether it was made in good faith and without coercion.

The court began by examining the process by which the EBA was developed, considering the engagement and participation of both parties. It assessed whether the employer had acted in good faith, including whether there was coercion or any other undue influence in the bargaining process. The court also reviewed the specific terms and conditions of the EBA to determine if they were fair and reasonable, taking into account various factors such as industry standards, economic conditions, and the needs of the workforce.

Upon thorough analysis, the court found that the EBA had been developed through a fair and transparent process with genuine negotiations between the parties. The terms and conditions were deemed fair and reasonable, considering the relevant factors and the overall context of the industry. Consequently, the court approved the EBA, finding that it met all the necessary statutory criteria.

As a result of the court's decision, the EBA was approved and will be applicable to the employees of Springfield Retail Pty Ltd trading as Zarraffas Booval. The approval ensures that the agreed terms and conditions will govern the employment relationship between the employer and the employees for the specified period.

Springfield Retail Pty Ltd ATF Springfield Retail Unit Trust T/A Zarraffas Booval

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established