DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

Blackdown Accommodation Services Pty Ltd
(AG2015/4982)

BLACKDOWN ACCOMMODATION SERVICES PTY LTD NORTH GOONYELLA OPERATIONS ENTERPRISE AGREEMENT- 2015

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 29 SEPTEMBER 2015

Application for approval of the Blackdown Accommodation Services Pty Ltd North Goonyella Operations Enterprise Agreement- 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Blackdown Accommodation Services Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Blackdown Accommodation Services Pty Ltd North Goonyella Operations Enterprise Agreement- 2015 (the ‘Agreement’). The Agreement was negotiated with seven nominated Employee Bargaining Representatives (EBRs) and is to cover 21 employees who are employed to provide accommodation services at the North Goonyella Coal Mine in Moranbah Queensland. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 20 May 2015, and voting for the Agreement’s approval took place on 1 and 2 September 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 17 of the 18 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 14 September 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr N Marsh, Operations Manager, identified the Hospitality Industry (General) Award 2010 [MA000009], the Manufacturing and Associated Industries and Occupations Award 2010 [MA000010] and the Plumbing and Fire Sprinklers Award 2010 [MA000036] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Marshsaid that while the Agreement removed some allowances and did not provide for ordinary weekend penalty rates, it provided for higher rates of pay. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 28 and 29 respectively, and a disputes resolution procedure at clause 30 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 25 September, Ms J Barrett of Resolve People and Performanceappeared with Mr N Marsh for the applicant. Ms Barrett outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. She explained that rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review decisions.

[5] Having heard the applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Blackdown Accommodation Services Pty Ltd North Goonyella Operations Enterprise Agreement- 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 2 October 2015 and have a nominal expiry date of 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The case involved Blackdown Accommodation Services Pty Ltd, which sought approval of the North Goonyella Operations Enterprise Agreement- 2015 from the Fair Work Commission. The dispute arose in the context of the Fair Work Act 2009, where the Commission was tasked with determining whether the proposed agreement met the statutory requirements for approval, particularly concerning its compliance with the "better off overall test" and other conditions stipulated by the Act.

The primary legal issues the court had to resolve were whether the agreement provided for terms and conditions that were at least as favourable as those provided under the relevant awards or registered agreements, and if it met the procedural requirements for registration. This involved assessing the agreement's provisions, including those related to wages, hours of work, and other employment conditions, against the benchmarks set by existing awards and ensuring that the agreement was made in good faith and without coercion.

The Fair Work Commission carefully examined the terms of the proposed agreement and considered the evidence presented by both parties. It concluded that the agreement satisfied the better off overall test, as the proposed terms and conditions were not less favourable than those provided under the relevant awards. The Commission also found that the agreement was made in good faith and that the necessary procedural requirements for registration had been met. Therefore, the Commission approved the Blackdown Accommodation Services Pty Ltd North Goonyella Operations Enterprise Agreement- 2015.

The Commission's decision was based on a comprehensive analysis of the agreement's provisions and the evidence provided. The final orders included the approval of the enterprise agreement, which would now be registered and enforceable under the Fair Work Act 2009. This decision confirmed the agreement's validity and provided a clear framework for the terms and conditions of employment for the parties involved.

Blackdown Accommodation Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established