SQUIRES TAVERN AND SINSATIONS ENTERPRISE AGREEMENT 2014

[2014] FWCA 5309

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J & L Investments Pty Ltd T/A Squires Tavern & Sinsations
(AG2014/1770)

SQUIRES TAVERN AND SINSATIONS ENTERPRISE AGREEMENT 2014

Northern Territory
COMMISSIONER WILSON	MELBOURNE,7 AUGUST 2014

Application for approval of the Squires Tavern & Sinsations Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Squires Tavern & Sinsations Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J & L Investments Pty Ltd Trading as Squires Tavern & Sinsations (the Applicant).

[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] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 August 2014. The nominal expiry date of the Agreement is 13 August 2018.

COMMISSIONER

Annexure A

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Squires Tavern & Sinsations Enterprise Agreement 2014. The agreement was proposed by the employer, Squires Tavern & Sinsations, and the relevant union. The dispute centred around the terms and conditions of employment that the agreement sought to implement, including wages, hours of work, and other employment-related matters. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for a fair and efficient bargaining process, whether it contained terms and conditions that were consistent with the objectives of the Fair Work Act, and whether the agreement was in the best interests of the employees. The Commission considered submissions from both the employer and the union, as well as the views of the employees. The Commission also examined the process by which the agreement was negotiated and whether it was conducted in good faith.

After careful consideration of the submissions and evidence, the Commission found that the Squires Tavern & Sinsations Enterprise Agreement 2014 was fair and efficient and met the statutory requirements for approval. The agreement contained terms and conditions that were consistent with the objectives of the Fair Work Act and was in the best interests of the employees. The Commission approved the agreement and determined that it would operate from 14 August 2014, with a nominal expiry date of 13 August 2018. The approval of the agreement ensures that the employees of Squires Tavern & Sinsations will be covered by a modern and fair enterprise agreement that provides for their rights and obligations in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established