DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GL Elin and CM Elin T/A Animal World Pet Resorts
(AG2017/914)

THE ANIMAL WORLD PET MOTEL ENTERPRISE AGREEMENT 2017

Animal care and veterinary services
COMMISSIONER ROE	MELBOURNE, 2 MAY 2017

Application for approval of The Animal World Pet Motel Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as The Animal World Pet Motel Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GL Elin and CM Elin T/A Animal World Pet Resorts. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement was approved on 2 May 2017 and, in accordance with s.54, will operate from 9 May 2017. The nominal expiry date of the Agreement is 2 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved GL Elin and CM Elin, trading as Animal World Pet Resorts, and the Retail and Fast Food Workers Union of Victoria, which represents employees of the motel. The dispute was centred on the approval of a new enterprise agreement, the Animal World Pet Motel Enterprise Agreement 2017, which had been the subject of negotiations between the parties. The matter was heard in the Fair Work Commission, the tribunal responsible for overseeing the approval and implementation of enterprise agreements in Australia.

The central legal issue before the Commission was whether the proposed enterprise agreement met the requirements of section 231 of the Fair Work Act 2009. This section stipulates that an enterprise agreement must be "certified as meeting the requirements of this Division" by the Commission. The Commission was tasked with determining whether the agreement provided for fair and reasonable terms and conditions for the employees, including minimum rates of pay, hours of work, and other conditions of employment. Additionally, the Commission had to consider whether the agreement had been made in accordance with the relevant provisions of the Act, including whether proper consultation had occurred between the parties.

In assessing the proposed agreement, the Commission considered the submissions from both the employer and the union, as well as the evidence provided. The Commission noted that the agreement had been negotiated in good faith and that the union had adequately represented the interests of the employees. The Commission found that the proposed agreement met the requirements of the Act, including providing for fair and reasonable terms and conditions for the employees. The Commission was satisfied that the agreement was consistent with the principles of the Fair Work Act, including the promotion of harmonious, productive, and cooperative workplace relations. The Commission approved the proposed agreement, finding that it met the requirements of the Act and was in the best interests of the employees.

As a result of the Commission's decision, the Animal World Pet Motel Enterprise Agreement 2017 was approved and will now apply to the employees of the motel. The agreement provides for a range of terms and conditions, including minimum rates of pay, hours of work, and other employment-related matters. The approval of the agreement ensures that the employees of Animal World Pet Resorts will be covered by a legally binding enterprise agreement, which provides them with a degree of job security and protection. The decision also provides clarity for the employer and the union, as they can now move forward with the implementation of the agreement and the resolution of any potential disputes that may arise in the future.

GL Elin and CM Elin T/A Animal World Pet Resorts

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established