The Vines (WA) Pty Ltd T/A The Vines Resort and Country Club

[2013] FWCA 1988

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Vines (WA) Pty Ltd T/A The Vines Resort and Country Club
(AG2012/13843)

THE VINES (WA) PTY LTD RESORT STAFF ENTERPRISE AGREEMENT 2012

Hospitality industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 2 APRIL 2013

Application for approval of The Vines (WA) Pty Ltd Resort Staff Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the The Vines (WA) Pty Ltd Resort Staff 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 1 October 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Vines (WA) Pty Ltd T/A The Vines Resort and Country Club was the subject of an application for the approval of the Resort Staff Enterprise Agreement 2012. The matter was heard in the Fair Work Commission, with the decision being made by Commissioner R G P O'Callaghan. The dispute centred on whether the proposed enterprise agreement complied with the statutory requirements and was in the best interests of the employees.

The key legal issues addressed by the court were whether the agreement provided for fair and reasonable terms and conditions, and if the process by which the agreement was reached was procedurally fair. Specifically, the court needed to determine if the agreement contained minimum terms and conditions as required by the Fair Work Act 2009, and if the agreement was genuinely negotiated between the employer and the employees. The court also had to consider if the agreement complied with the public interest test, which required the court to ensure that the agreement would not have a detrimental effect on the broader community.

The court found that the proposed agreement met the necessary statutory requirements and was in the best interests of the employees. The agreement was deemed to be genuinely negotiated, as it was the result of discussions between the employer and the employees, and it contained the minimum terms and conditions as required by the Fair Work Act 2009. The court also concluded that the agreement complied with the public interest test, as it would not have a detrimental effect on the broader community. Therefore, the court approved the Resort Staff Enterprise Agreement 2012.

In summary, the Fair Work Commission approved the Resort Staff Enterprise Agreement 2012, finding that it complied with the statutory requirements and was in the best interests of the employees. The court determined that the agreement was genuinely negotiated and met the minimum terms and conditions as required by the Fair Work Act 2009. Furthermore, the court concluded that the agreement complied with the public interest test, as it would not have a detrimental effect on the broader community.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established