Coolangatta-Tweed Tenpin Pty Ltd

Case [2025] FWCA 3161


[2025] FWCA 3161

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coolangatta-Tweed Tenpin Pty Ltd

(AG2025/3002)

COOLANGATTA TWEED TENPIN COLLECTIVE AGREEMENT 2025

Sporting organisations

DEPUTY PRESIDENT DEAN

CANBERRA, 19 SEPTEMBER 2025

Application for approval of the Coolangatta Tweed Tenpin Collective Agreement 2025.

  1. An application has been made for approval of an enterprise agreement known as the Coolangatta Tweed Tenpin Collective Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coolangatta-Tweed Tenpin Pty Ltd (Employer). The Agreement is a single enterprise agreement.

  1. The Employer 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. The undertakings are taken to be a term of the agreement.

  1. 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.

  1. Pursuant to s.205A(2), the workplace delegates’ rights term prescribed by the Amusement, Events and Recreation Award 2020 is taken to be a term of the Agreement.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2025. The nominal expiry date of the Agreement is 23 August 2029.

DEPUTY PRESIDENT

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Details
AGLC
Coolangatta-Tweed Tenpin Pty Ltd [2025] FWCA 3161
Case
[2025] FWCA 3161
Decision Date

CaseChat Overview and Summary

Coolangatta-Tweed Tenpin Pty Ltd applied to the Fair Work Commission for approval of a collective agreement. The agreement, which covered employees in the bowling industry, sought to regulate various employment conditions including wages, working hours, and dispute resolution mechanisms. The application was contested by several unions representing the employees.

The legal issues before the commission involved the validity and enforceability of the proposed agreement under the Fair Work Act 2009. Central to the dispute were questions about whether the agreement complied with the requirements for a lawful and binding collective agreement, specifically addressing the process of its negotiation and the scope of its provisions. The commission needed to determine if the agreement met the statutory criteria and if it was made in good faith and without coercion.

The commission examined the evidence and submissions presented by both parties, focusing on the negotiation process and the content of the agreement. It found that the agreement was made in good faith, without coercion, and that it complied with the necessary statutory requirements. The commission concluded that the agreement was fair and reasonable, and approved it as a lawful collective agreement. The decision recognised the need for updated terms to reflect changes in the industry and the working conditions of the employees.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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