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.

Printed by authority of the Commonwealth Government Printer

<AE500030, PR700069>

CaseChat Overview and Summary

In the recent case, Tyse Pty Ltd (ATF Chambers Family Trust) T/A Tyse Pty Ltd applied to the Fair Work Commission for the approval of the Tyse Pty Ltd (ATF Chambers Family Trust) Victoria Enterprise Agreement 2018. The application involved a dispute between the employer and its employees over the terms and conditions of employment as outlined in the proposed agreement. The matter was heard by the Fair Work Commission, which has jurisdiction over such employment-related matters in Australia.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the statutory requirements for being a "low paid" agreement, given that the majority of the employees were classified as low paid. Furthermore, the Commission examined whether the agreement provided adequate protections for the employees' rights and entitlements, including minimum wage rates, leave provisions, and dispute resolution mechanisms.

The Fair Work Commission found that the proposed agreement largely complied with the statutory requirements for a low paid agreement. However, the Commission identified several areas of concern that needed to be addressed to ensure full compliance with the Fair Work Act. These included the need for clearer definitions of employee classifications, more detailed provisions regarding leave entitlements, and stronger mechanisms for dispute resolution. After negotiations and amendments to the agreement, the Commission was satisfied that the revised version adequately addressed these issues. Consequently, the Commission approved the agreement, subject to specific undertakings by the employer to ensure ongoing compliance with the Fair Work Act.

The final orders of the Commission included the approval of the amended enterprise agreement, with the condition that the employer provide regular updates on compliance and address any issues that may arise during the operation of the agreement. The Commission's decision highlights the importance of clear and comprehensive enterprise agreements that protect the rights and entitlements of employees, particularly in the context of low-paid workforces.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established