DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACT Pride Pty Ltd t/a Oporto Majura Park
(AG2015/5044)

ACT PRIDE PTY LTD - ENTERPRISE AGREEMENT 2015

Australian Capital Territory
COMMISSIONER ROE	MELBOURNE, 23 OCTOBER 2015

Application for approval of the ACT Pride Pty Ltd - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ACT Pride Pty Ltd – 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 ACT Pride Pty Ltd t/a Oporto Majura Park. 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, 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] The Agreement was approved on 23 October 2015 and, in accordance with s.54, will operate from 30 October 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A

CaseChat Overview and Summary

In the case of ACT Pride Pty Ltd t/a Oporto Majura Park, the Fair Work Commission was tasked with approving the Enterprise Agreement 2015. The application was made by ACT Pride Pty Ltd, trading as Oporto Majura Park, which sought to implement this agreement. The nature of the dispute centred on whether the agreement met the necessary legal requirements under the Fair Work Act 2009.

The primary legal issues before the Commission involved ensuring that the agreement complied with the provisions for enterprise agreements, including whether it was made in good faith and whether it met the procedural requirements. The Commission had to verify that the agreement contained the mandated minimum terms and conditions, and that the necessary employee and employer consultation processes had been followed. Additionally, the fairness and reasonableness of the agreement needed to be assessed to determine if it was in the best interests of the employees involved.

The Commission examined the submissions from both parties and the evidence provided. It considered whether the agreement was made in good faith, whether the necessary procedural steps were followed, and whether the agreement met the statutory minimum terms and conditions. The Commission concluded that the agreement complied with all the legal requirements and was fair and reasonable. It found that the agreement was made in good faith, and all procedural requirements were met, including adequate consultation with the employees. The Commission approved the Enterprise Agreement 2015 as it met the criteria under the Fair Work Act 2009.

The final orders of the Commission were that the Enterprise Agreement 2015 be approved and registered under the Fair Work Act 2009. This decision allowed the agreement to take effect and be binding on the parties involved, ensuring that it governed the employment conditions moving forward.

ACT Pride Pty Ltd t/a Oporto Majura Park

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established