DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wright Hospitality Pty Ltd T/A Local Shack
(AG2015/449)

THE LOCAL SHACK - ENTERPRISE AGREEMENT 2015

Restaurants
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 APRIL 2015

Application for approval of the The Local Shack - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the The Local Shack - Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wright Hospitality Pty Ltd T/A Local Shack. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 14 April 2015 and, in accordance with s.54, will operate from 21 April 2015. The nominal expiry date of the Agreement is 1 January 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Wright Hospitality Pty Ltd, trading as The Local Shack, applied to the Fair Work Commission for approval of an Enterprise Agreement. The dispute centred on whether the proposed agreement met the necessary requirements under the Fair Work Act 2009, including whether it provided for the appropriate minimum terms and conditions, and whether the agreement had been made in good faith and without coercion.

The court needed to determine if the agreement contained the mandatory minimum terms as required by the Fair Work Act, and if it had been made in good faith and without coercion. This involved assessing the procedural fairness of the bargaining process and the content of the agreement itself to ensure it met the statutory criteria.

The Fair Work Commission found that the agreement contained the necessary minimum terms and was made in good faith, without any evidence of coercion. The Commission was satisfied with the procedural fairness of the bargaining process and the content of the agreement, which met the statutory requirements. Consequently, the Commission approved the Enterprise Agreement.

The final orders of the Commission included the approval of the Enterprise Agreement, which will now be binding on the parties as per the terms outlined in the agreement.

Wright Hospitality Pty Ltd T/A Local Shack

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established