T K & L B Pty Ltd T/A The Peninsula Riverside Serviced Apartments

[2013] FWCA 2494

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

T K & L B Pty Ltd T/A The Peninsula Riverside Serviced Apartments
(AG2013/5648)

T K & L B PTY LTD ENTERPRISE AGREEMENT 2012

Hospitality industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 24 APRIL 2013

Application for approval of the T K & L B Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the T K & L B Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

T K & L B Pty Ltd T/A The Peninsula Riverside Serviced Apartments applied to the Fair Work Commission for the approval of the T K & L B Pty Ltd Enterprise Agreement 2012. The applicant was a small business employer with fewer than 15 employees, and the agreement was a single-enterprise agreement. The application was made under section 224 of the Fair Work Act 2009. The dispute concerned the fairness and appropriateness of the agreement, particularly the terms and conditions for part-time and casual employees.

The legal issues before the Fair Work Commission were whether the agreement met the requirements of the Fair Work Act, specifically if it provided for fair and reasonable terms and conditions for the employees. The Commission had to consider the fairness of the agreement, including whether it provided for minimum entitlements, terms and conditions that were no less favourable than the applicable award or registered agreement, and if it was appropriate for the business size and nature. The Commission also needed to determine if the agreement allowed for a fair process for resolving disputes.

In making its decision, the Fair Work Commission considered the submissions and evidence provided by the parties. The Commission found that the agreement contained terms and conditions that were no less favourable than the applicable award and provided for minimum entitlements for employees. The Commission was satisfied that the agreement was appropriate for the size and nature of the business, and that it allowed for a fair process for resolving disputes. The Commission concluded that the agreement was fair and reasonable, and approved the application for the agreement to be registered. The decision was made in accordance with the Fair Work Act and relevant case law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established