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)
(AG2016/1532)

BA MANAGEMENT (QLD) TRUST ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 23 AUGUST 2016

Application for approval of the B.A Management (Qld) Trust Enterprise Agreement 2016.

[1] An application has been made for approval of a multi-enterprise agreement known as the B.A Management (Qld) Trust Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by B.A Management (Qld) Trust T/A Baildon Aquatics Pty Ltd, Baildon Aquatics (Parklake) Pty Ltd, Baildon Fitness (Coomera) Pty Ltd, Baildon Aquatics (Benowa) Pty Ltd and Baildon Fitness (Pimpama) Pty Ltd (the Employer).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] On 19 August 2016 undertakings were provided by the Employer. Under s.190 of the Act, I accept the Employer’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2016. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves several parties, including B.A Management (Qld) Trust trading as Baildon Aquatics Pty Ltd, along with two other associated companies, Baildon Aquatics (Parklake) Pty Ltd and Baildon Fitness (Coomera) Pty Ltd. The primary dispute at hand is the application for the approval of the B.A Management (Qld) Trust Enterprise Agreement 2016. The matter was heard in the Fair Work Commission of Australia, a body with jurisdiction over employment and workplace relations matters.

The legal issues the court needed to address included whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, particularly focusing on the procedural fairness of the agreement and whether it was made in good faith. The court examined whether the agreement was certified without any errors on the face of the agreement and whether the application for approval complied with the relevant provisions of the Act. Additionally, the court assessed the fairness of the agreement's terms and conditions, ensuring they were not adverse to the employees.

In its reasoning, the Fair Work Commission found that the application for approval was in compliance with the statutory requirements. The agreement was certified as having no errors on its face, and the process followed to achieve the agreement was deemed to be fair and in good faith. The terms and conditions of the enterprise agreement were also found to be fair and reasonable, taking into account the needs of both the employers and the employees. Consequently, the Commission approved the B.A Management (Qld) Trust Enterprise Agreement 2016, thereby resolving the application in favour of the applicants.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established