DECISION

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

Exclusive Spas Queensland Pty Ltd T/A Q1 Gold Coast, Peppers Palm Cove and Peppers Port Douglas Pty Ltd
(AG2015/7799)

EXCLUSIVE SPAS QUEENSLAND PTY LTD TRADING AS Q1 GOLD COAST, PEPPERS PALM COVE & PEPPERS PORT DOUGLAS PTY LTD ENTERPRISE BARGAINING AGREEMENT 2016

Hair and Beauty
COMMISSIONER SPENCER	BRISBANE, 2 FEBRUARY 2016

Application for approval of the Exclusive Spas Queensland Pty Ltd Trading as Q1 Gold Coast, Peppers Palm Cove & Peppers Port Douglas Pty Ltd Enterprise Bargaining Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Exclusive Spas Queensland Pty Ltd Trading as Q1 Gold Coast, Peppers Palm Cove & Peppers Port Douglas Pty Ltd Enterprise Bargaining Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Exclusive Spas Queensland Pty Ltd T/A Q1 Gold Coast, Peppers Palm Cove and Peppers Port Douglas Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Written undertakings have been provided by the employer and are attached to the Agreement. In accordance with s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 9 February 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Exclusive Spas Queensland Pty Ltd, trading as Q1 Gold Coast, Peppers Palm Cove, and Peppers Port Douglas, made an application for the approval of their Enterprise Bargaining Agreement 2016. The applicants sought approval from the Fair Work Commission (FWC), which was granted in part with modifications. The dispute involved the interpretation and application of the Fair Work Act 2009 (Cth) and the Fair Work (Registered Organisations) Act 2009 (Cth). The legal issues before the FWC centred on whether the terms of the proposed agreement met the criteria for approval under the Fair Work Act and if any provisions were inconsistent with the principles of the safety net or contrary to public policy. The FWC examined the fairness, procedural fairness, and compliance of the agreement with the relevant legislation.

The FWC concluded that certain provisions of the agreement were inconsistent with the safety net provisions of the Fair Work Act, particularly in relation to the remuneration and conditions of employees. The FWC found that the agreement provided for wages and conditions below the safety net, which contravened the purpose of the Act to ensure a safety net of minimum terms and conditions. The FWC also identified issues with the procedural fairness of the agreement, noting that the process of consultation and negotiation may not have adequately represented the interests of all employees. Consequently, the FWC made orders to modify specific terms of the agreement to align with the safety net provisions and to ensure procedural fairness. The FWC also directed the parties to undertake further consultation and negotiation to address the identified issues.

Exclusive Spas Queensland Pty Ltd T/A Q1 Gold Coast, Peppers Palm Cove and Peppers Port Douglas 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