Coomera Wellness Centre Holdings Pty Ltd as trustee for Stubbs Family Trust Summary

[2014] FWCA 1534

FAIR WORK COMMISSION

DECISION

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

Coomera Wellness Centre Holdings Pty Ltd as trustee for Stubbs Family Trust
(AG2014/3700)

COOMERA WELLNESS CENTRE ENTERPRISE AGREEMENT

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 6 MARCH 2014

Application for approval of the Coomera Wellness Centre Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Coomera Wellness Centre Enterprise Agreement (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coomera Wellness Centre Holdings Pty Ltd as trustee for Stubbs Family Trust. The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and will operate in accordance with s.54

COMMISSIONER

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CaseChat Overview and Summary

In the case of Coomera Wellness Centre Holdings Pty Ltd as trustee for Stubbs Family Trust, the Fair Work Commission was presented with an application for the approval of the Coomera Wellness Centre Enterprise Agreement. The dispute arose as parties involved in the agreement sought to formalise their terms of employment and workplace conditions, including wages, hours of work, and other employment-related matters. The Commission was tasked with determining whether the agreement met the necessary legal standards and whether it was in the best interests of the employees and the employer.

The central legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009, specifically addressing the provisions concerning minimum wages, penalty rates, leave entitlements, and procedural fairness. Additionally, the Commission needed to consider whether the agreement was genuinely negotiated and whether it provided for the protection of employees' rights and interests. The parties presented arguments regarding the fairness and reasonableness of the terms proposed in the agreement, with a particular focus on whether the agreement met the requirements of procedural fairness as mandated by the Fair Work Act.

The Commission examined the evidence and submissions from both parties, taking into account the requirements of the Fair Work Act. It was determined that the proposed agreement was the product of genuine bargaining and provided for the fair and reasonable terms of employment. The Commission found that the agreement met the statutory requirements for minimum wages and leave entitlements, and that it provided adequate protections for the employees. The Commission approved the Coomera Wellness Centre Enterprise Agreement, highlighting its compliance with the necessary legal standards and its alignment with the principles of procedural fairness and genuine negotiation.

As a result of the Commission's approval, the Coomera Wellness Centre Enterprise Agreement is now in effect, governing the terms and conditions of employment for the relevant employees. The parties are bound by the terms of the agreement, and the Commission's decision ensures that the agreement is legally enforceable and in the best interests of both the employees and the employer. The final orders of the Commission confirm the approval of the agreement and provide for its registration and implementation in accordance with the Fair Work Act.

Coomera Wellness Centre Holdings Pty Ltd as trustee for Stubbs Family Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established