Tyse Pty Ltd (ATF Chambers Family Trust) T/A Tyse Pty Ltd

[2018] FWCA 5555

[2018] FWCA 5555

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyse Pty Ltd (ATF Chambers Family Trust) T/A Tyse Pty Ltd
(AG2018/1626)

TYSE PTY LTD (ATF CHAMBERS FAMILY TRUST) VICTORIA ENTERPRISE AGREEMENT 2018

Restaurants
DEPUTY PRESIDENT KOVACIC	CANBERRA, 5 SEPTEMBER 2018

Application for approval of the Tyse Pty Ltd (ATF Chambers Family Trust) Victoria Enterprise Agreement 2018 - Agreement approved with undertakings.

[1] An application has been made for approval of an enterprise agreement known as the Tyse Pty Ltd (ATF Chambers Family Trust) Victoria Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Tyse Pty Ltd (ATF Chambers Family Trust) T/A Tyse Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] On 15 August 2018 the Commission wrote to the Applicant raising a number of issues regarding the Agreement and in light of these concerns foreshadowed that the application would be listed for a hearing.

[3] The matter was heard on 24 August 2018. Prior to that hearing the Applicant providing undertakings in respect of a number of the issues raised by the Commission. Particular issues explored at the hearing included how the effect of terms of the Agreement were explained to employees and the benefits provided under the Agreement to employees in receipt of an annualised salary. The submissions made at the hearing together with a copy of the memorandum provided to employees setting out the key points regarding the Agreement address my concerns regarding those issues.

[4] Subject to the undertakings referred to above, 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2018. The nominal expiry date of the Agreement is 30 June 2022.

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