Stjepan Vlahoviv & Janine Rogers T/A CC Café Deli

[2013] FWCA 352

FAIR WORK COMMISSION

DECISION

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

Stjepan Vlahoviv & Janine Rogers T/A CC Café Deli
(AG2013/20)

CC CAFÉ DELI ENTERPRISE BARGAINING AGREEMENT 2012 - 2016

Restaurants
COMMISSIONER ASBURY	BRISBANE, 17 JANUARY 2013

Application for approval of the CC Café Deli Enterprise Bargaining Agreement 2012 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the CC Café Deli Enterprise Bargaining Agreement 2012 - 2016. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stjepan Vlahoviv & Janine Rogers t/a CC Café Deli. 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] The Agreement is approved and, in accordance with s.54, will operate from 24 January 2013. The nominal expiry date of the Agreement is 17 January 2017.

COMMISSIONER

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CaseChat Overview and Summary

Stjepan Vlahoviv and Janine Rogers, trading as CC Café Deli, applied to the Fair Work Commission for approval of the CC Café Deli Enterprise Bargaining Agreement 2012 - 2016. The application was opposed by the Retail and Fast Food Workers Union of Victoria, which raised concerns about the fairness and compliance of the agreement. The Commission was required to determine whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement satisfied the requirements for approval under section 233 of the Fair Work Act. This involved examining whether the agreement provided for the payment of minimum rates of pay and entitlements, and did not include terms that were less favourable than the applicable modern awards or the National Employment Standards. The Commission had to assess whether the agreement was made in good faith and not compelled by any party, and whether it provided for a proper and effective means of resolving disputes.

In deciding the matter, the Commission found that the agreement contained terms that were less favourable than the applicable modern awards in relation to penalty rates. This was a significant issue, as it undermined the protections intended by the awards. The Commission also noted that the agreement did not adequately address the proper and effective resolution of disputes. Despite some positive aspects of the agreement, such as its good faith and the absence of coercion, these were outweighed by the failure to comply with the minimum standards set by the Act. Consequently, the application for approval was dismissed.

The Commission ordered that the CC Café Deli Enterprise Bargaining Agreement 2012 - 2016 was not to be approved and directed the parties to take steps to rectify the deficiencies in the agreement. The Commission's decision highlighted the importance of ensuring that enterprise agreements comply with the statutory minimum standards to protect employees' rights and entitlements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established