B.A Management (Qld) Trust (ABN:59172566081) T/A Baildon Aquatics Pty Ltd (ABN:14092672387) and Baildon Aquatics (Parklake) Pty Ltd (ABN:8388517972) and Baildon Fitness (Coomera) Pty Ltd (ABN:23033570524) and...

[2020] FWCA 4343

[2020] FWCA 4343

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

B.A Management (Qld) Trust (ABN:59172566081) T/A Baildon Aquatics Pty Ltd (ABN:14092672387) and Baildon Aquatics (Parklake) Pty Ltd (ABN:8388517972) and Baildon Fitness (Coomera) Pty Ltd (ABN:23033570524) and Baildon Aquatics (Benowa) Pty Ltd (ABN:12312641918) and Baildon Fitness (Pimpama) Pty Ltd (ABN:27926140065) and Baildon Aquatics (Worongary) Pty Ltd (ABN: 74324916839)
(AG2020/1696)

BA MANAGEMENT (QLD) TRUST ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 18 AUGUST 2020

Application for approval of the B.A Management (Qld) Trust Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the B.A Management (Qld) Trust Enterprise Agreement 2020 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by B.A Management (Qld) Trust (the Applicant). The Agreement is a single enterprise agreement.

[2] Upon receiving the application, my chambers wrote to the Applicant advising that it was noted clause 18(c)(2) provides that the employer is entitled to deduct the amount of excess monies due to the employer upon termination if employee previous accesses leave in advance of accrual. It is noted that prima facie, this clause appears to not be enforceable.

[1] My chambers also advised the Applicant that there appeared to be an error at clause 23.10, specifically that clause 23.10 incorrectly references clause 23.2(b), and is instead to reference 23.1(b), and proposing I exercise power under s.586 of the Act to correct the error. The Applicant was invited to provide its views and advised it was agreeable to this course of action. I consider it appropriate to exercise power under s.586 of the Act to correct the error in clause 23.10.

[2] The Applicant has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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