DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ardent Leisure Limited T/A Dreamworld, WhiteWater World and SkyPoint
(AG2016/3359)

DREAMWORLD/WHITEWATER WORLD AND SKYPOINT ENTERPRISE AGREEMENT (NO 9) 2016

Amusement, events and recreation industry
COMMISSIONER ROE	MELBOURNE, 17 AUGUST 2016

Application for approval of the Dreamworld/WhiteWater World and SkyPoint Enterprise Agreement (No 9) 2016.

[1] An application has been made for approval of an enterprise agreement known as the Dreamworld/WhiteWater World and SkyPoint Enterprise Agreement (No 9) 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ardent Leisure Limited T/A Dreamworld, WhiteWater World and SkyPoint. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 17 August 2016 and, in accordance with s.54, will operate from 24 August 2016. The nominal expiry date of the Agreement is 17 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ardent Leisure Limited, trading as Dreamworld, WhiteWater World, and SkyPoint, applied to the Fair Work Commission for approval of the Enterprise Agreement (No 9) 2016. The agreement sought to govern the employment terms of various workers employed by the company. The dispute involved the conditions of employment for employees who were subject to the proposed agreement, including issues related to wages, hours of work, and other employment terms.

The primary legal issue before the court was whether the proposed Enterprise Agreement (No 9) 2016 complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the 'better off overall test', which ensures that employees are not worse off financially under the new agreement compared to their previous conditions. The court also needed to consider whether the agreement appropriately addressed the needs of different employee groups, including part-time and casual workers, and whether it adhered to the provisions of the National Employment Standards.

The Fair Work Commission, in its decision, assessed the proposed agreement against the statutory criteria set out in the Fair Work Act. The Commission found that the agreement provided a fair and reasonable outcome for the employees, as it met the better off overall test and included provisions that addressed the specific needs of various employee groups. The Commission approved the agreement, noting that it provided for adequate wages, reasonable working hours, and appropriate conditions that were in line with the legislative requirements. The decision also highlighted that the agreement incorporated protections for vulnerable employee groups and met the necessary standards for approval under the Fair Work Act.

The Fair Work Commission approved the Dreamworld/WhiteWater World and SkyPoint Enterprise Agreement (No 9) 2016, confirming its compliance with the statutory requirements. The agreement was deemed to be fair and reasonable, providing for the adequate protection of employee interests and meeting the necessary conditions for approval under the Fair Work Act. The decision effectively resolves the dispute, allowing the proposed agreement to be implemented as the new terms of employment for the affected workers.

Ardent Leisure Limited T/A Dreamworld, WhiteWater World and SkyPoint

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established