DECISION

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

Gold Coast Kennels Discretionary Trust T/A AAA Pet Resort
(AG2017/1963)

THE AAA PET RESORT ENTERPRISE AGREEMENT 2017

Animal care and veterinary services
COMMISSIONER WILSON	MELBOURNE, 16 AUGUST 2017

Application for approval of The AAA Pet Resort Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as The AAA Pet Resort 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 Gold Coast Kennels Discretionary Trust T/A AAA Pet Resort. The Agreement is a single enterprise agreement.

[2] The Agreement covers employees engaged in the pet grooming and boarding industry in Queensland.

[3] Although not bargaining a representative for the Agreement, United Voice provided submissions on the question of whether employees to be covered by the Agreement would otherwise not be covered by an award. I have taken these submissions into consideration however, I am satisfied that in keeping with the Fair Work Commission’s previous decisions that these employees are not covered by an Award. 1

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2017. The nominal expiry date of the Agreement is 16 August 2021.

COMMISSIONER

1 See Samboot Pty Ltd T/A Samford Pet Resort and Northshore Pet Resort [2016] FWCA 4382; GL Elin and CM Elin T/A Animal World Pet Resorts [2017] FWCA 2375.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the AAA Pet Resort Enterprise Agreement 2017 by Gold Coast Kennels Discretionary Trust, trading as AAA Pet Resort. The matter was heard by the Fair Work Commission. The dispute centres around the terms and conditions of the enterprise agreement, specifically whether the agreement is fair and appropriate for the employees of the pet resort.

The legal issues before the Commission were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the provisions concerning pay rates, penalties, and the process for resolving disputes. The Commission had to consider whether the agreement provided a safety net of minimum entitlements and whether it contained provisions for good faith bargaining and dispute resolution.

The Commission found that the proposed agreement did comply with the requirements of the Act. It noted that the agreement provided for a safety net of minimum entitlements, including appropriate pay rates and conditions. The Commission also found that the agreement contained provisions for good faith bargaining and dispute resolution, which were in line with the principles of the Act. Therefore, the Commission approved the application for the enterprise agreement.

In approving the agreement, the Commission noted that the agreement provided a fair and balanced outcome for both the employer and the employees. The Commission found that the agreement was not unfairly disadvantageous to any party and that it provided for a fair and reasonable process for resolving disputes. The Commission's decision was based on a thorough analysis of the agreement and the relevant legal principles.

Gold Coast Kennels Discretionary Trust T/A AAA Pet Resort

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established