DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stevenson Management Services Pty Ltd
(AG2018/7150)

POET'S LANE & LYREBIRD FALLS ENTERPRISE AGREEMENT 2018

Hospitality industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 APRIL 2019

Application for approval of the Poet's Lane & Lyrebird Falls Enterprise Agreement 2018

[1] Stevenson Management Services Pty Ltd has made an application for approval of an enterprise agreement known as the Poet’s Lane & Lyrebird Falls Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 30 April 2019 and, in accordance with s 54, will operate from 7 May 2019. The nominal expiry date of the Agreement is 30 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Stevenson Management Services Pty Ltd, the matter was brought before the Fair Work Commission concerning an application for approval of the Poet's Lane & Lyrebird Falls Enterprise Agreement 2018. The applicant, Stevenson Management Services, sought approval for this agreement which aimed to govern the employment terms and conditions for certain employees within its enterprise. The primary issue at hand was whether the agreement complied with the requirements set forth by the Fair Work Act 2009 and if it appropriately covered the necessary procedural steps for its formation.

The court was tasked with determining if the agreement was genuinely bargained between the employer and the employees, and if it contained the minimum terms and conditions prescribed by law. Additionally, the court examined whether the agreement had been appropriately certified by an independent certifier and if the required procedural fairness was observed during the agreement's formation. The court further assessed if the agreement met the criteria for approval under the Fair Work Act, particularly focusing on the balance of rights and obligations and whether it provided for the protection of employees' rights and interests.

The Fair Work Commission found that the agreement was genuinely negotiated and did include the mandated minimum terms and conditions. The court concluded that the procedural fairness was upheld, and the agreement was certified by an independent certifier as required by law. The commission acknowledged that the agreement provided for a fair balance between the rights and obligations of both parties, and it adequately protected the employees' interests. Consequently, the court approved the Poet's Lane & Lyrebird Falls Enterprise Agreement 2018, finding it to be compliant with the statutory requirements and appropriately reflective of the negotiated terms. The commission's decision was made on the basis that the agreement met all necessary criteria for approval under the Fair Work Act 2009.

Stevenson Management Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established