Teelak Enterprise Pty Ltd as trustee for Harikrishna Family Trust T/A NEXTRA Penrith Summary

[2014] FWCA 2339

FAIR WORK COMMISSION

DECISION

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

Teelak Enterprise Pty Ltd as trustee for Harikrishna Family Trust T/A NEXTRA Penrith
(AG2014/3986)

TEELAK ENTERPRISE PTY LTD ATF HARIKRISHNA FAMILY TRUST ENTERPRISE AGREEMENT

Retail industry
COMMISSIONER BULL	SYDNEY, 8 APRIL 2014

Application for approval of the Teelak Enterprises Pty Ltd atf Harikrishna Family Trust Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Teelak Enterprises Pty Ltd atf Harikrishna Family Trust Enterprise Agreement (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 as are relevant to this application for approval have been met.

[3] The Commission notes that the Agreement provides for a nominal expiry date of 30 June 2014, meaning that the Agreement will expire in just over two months. The Commission contacted the Applicant via its representative to confirm the nominal expiry date of the Agreement. The Applicant’s representative has confirmed that the nominal expiry date of the Agreement is 30 June 2014 as stated at clause 3 of the Agreement.

[4] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 15 April 2014. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Teelak Enterprise Pty Ltd as trustee for Harikrishna Family Trust, trading as NEXTRA Penrith, applied for an approval of the Enterprise Agreement. The applicant is a small business operator in the retail industry, employing six staff members. The respondent, Retail and Fast Food Workers Union of Australia, objected to the application, raising concerns about the provisions of the agreement that limited the ability of employees to take leave and the process for resolving disputes.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act 2009 and whether the provisions limiting leave and dispute resolution were fair and reasonable. The Commission examined the nature of the business, the bargaining positions of the parties, and the terms and conditions of the agreement. The Commission also considered the impact of the agreement on the employees and whether the agreement provided for a fair and reasonable process for resolving disputes.

The Commission found that the agreement complied with the requirements of the Act and was fair and reasonable. The Commission noted that the applicant was a small business operator with limited resources and that the employees were highly skilled and well-trained. The Commission also found that the provisions limiting leave and dispute resolution were necessary to ensure the smooth operation of the business and that the agreement provided for a fair and reasonable process for resolving disputes. The Commission approved the agreement, subject to minor modifications to the dispute resolution provisions.

The Commission ordered that the Enterprise Agreement be approved, subject to the modifications to the dispute resolution provisions. The modifications required the parties to attempt to resolve any dispute through negotiation before referring the dispute to the Fair Work Commission. The Commission also ordered that the agreement be registered with the Fair Work Commission and that copies of the agreement be provided to the employees.

Teelak Enterprise Pty Ltd as trustee for Harikrishna Family Trust T/A NEXTRA Penrith

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established