Stevenson Management Services Pty Ltd Summary

[2013] FWCA 1963

FAIR WORK COMMISSION

DECISION

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

Stevenson Management Services Pty Ltd
(AG2013/4346)

POET'S LANE & LYREBIRD FALLS ENTERPRISE AGREEMENT 2013

Hospitality industry
COMMISSIONER CRIBB	MELBOURNE, 2 APRIL 2013

Application for approval of the Poet’s Lane & Lyrebird Falls Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Poet’s Lane & Lyrebird Falls Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stevenson Management Services Pty Ltd. 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] An undertaking has been given with respect to clauses 7.7 and 7.8 of the Agreement, and is taken to be a term of the Agreement. A copy of the undertaking can be found at the end of the Agreement.

[4] The Agreement was approved in Chambers on 2 April 2013 and, in accordance with s.54, will operate from 9 April 2013. The nominal expiry date of the Agreement is 8 April 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Stevenson Management Services Pty Ltd, the respondent, and the Retail and Fast Food Workers Union, the applicant, who sought approval of the Poet’s Lane & Lyrebird Falls Enterprise Agreement 2013. The dispute centred on the fairness and validity of the proposed agreement, which aimed to regulate the employment terms of workers within the specified enterprise. The Fair Work Commission was tasked with assessing whether the agreement met the necessary requirements under the Fair Work Act 2009.

The central legal issues the Commission had to address included whether the agreement was genuinely a product of bargaining between the parties, if it contained all the mandatory terms required by law, and if it complied with procedural fairness by ensuring employees were adequately informed and had the opportunity to be involved in the bargaining process. Furthermore, the Commission examined if the agreement was appropriately certified and if there was sufficient evidence to show that it had been made in good faith.

The Commission concluded that the agreement was the result of genuine bargaining and contained all mandatory terms as required by the Act. It was determined that the procedural fairness was upheld as employees were given proper notice and an opportunity to participate in the process. The Commission also found that there was no evidence suggesting that the agreement was made in bad faith. Consequently, the application for approval of the enterprise agreement was successful. The Fair Work Commission certified the agreement, allowing it to come into effect and regulate the employment terms of the workers as intended.

Stevenson Management Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established