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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the B.A Management (Qld) Trust T/A Baildon Aquatics Pty Ltd and its subsidiary companies, Baildon Aquatics (Parklake) Pty Ltd and Baildon Fitness (Coomera) Pty Ltd, applied for approval of their Enterprise Agreement 2020. The application was made under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the staff of the companies, with a particular focus on whether the proposed agreement met the legal requirements for approval.

The primary legal issues addressed by the Commission were whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the statutory obligations set out in the Fair Work Act. The Commission examined the provisions of the agreement, particularly those related to employee entitlements, pay rates, and other working conditions. It also considered the process by which the agreement was negotiated and whether it involved genuine bargaining.

The Commission concluded that the agreement met the criteria for approval. The decision noted that the agreement provided for fair and reasonable terms and conditions for employees, taking into account the nature of the business and the economic circumstances of the parties. The Commission was satisfied that the agreement was the product of genuine bargaining and that it complied with the relevant statutory provisions. The application was therefore approved, and the agreement was registered under the Fair Work Act.

The final orders of the Commission were that the B.A Management (Qld) Trust Enterprise Agreement 2020 be approved and registered as a certified agreement under the Fair Work Act. The agreement is to be in effect from the date of registration and will apply to the employees of the respondent companies as specified in the 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...

DECISION

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Legal Principle Established