Gulliver Swim and Sportsworld Pty Ltd

[2014] FWCA 3459

FAIR WORK COMMISSION

DECISION

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

Gulliver Swim and Sportsworld Pty Ltd
(AG2014/5184)

GULLIVER SWIM & SPORTSWORLD PTY LTD AGREEMENT 2014

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 29 MAY 2014

Application for approval of the Gulliver Swim & Sportsworld Pty Ltd Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Gulliver Swim & Sportsworld Pty Ltd Agreement 2014 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gulliver Swim and Sportsworld Pty Ltd. 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

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved an application for the approval of the Gulliver Swim & Sportsworld Pty Ltd Agreement 2014. The applicant was Gulliver Swim and Sportsworld Pty Ltd, a registered organisation, and the respondent was the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the terms and conditions of employment for workers under the proposed agreement, including issues of wages, working hours, and other employment conditions. The Commission was tasked with determining whether the agreement met the necessary standards and criteria set out under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act, particularly in terms of ensuring the agreement did not adversely affect the employees' terms and conditions. This involved assessing whether the agreement provided a safety net of minimum terms and conditions, and whether it included provisions for the negotiation of enterprise-specific matters. The Commission also had to consider the fairness of the agreement's terms, including whether they were consistent with the principles of enterprise bargaining and the broader industrial relations system.

In its decision, the Commission noted that the proposed agreement contained provisions that met the statutory minimum standards set out in the Fair Work Act. It found that the agreement provided for a comprehensive set of terms and conditions that addressed key employment matters, including wages, working hours, and leave entitlements. The Commission was satisfied that the agreement facilitated genuine bargaining between the parties and did not disadvantage the employees. Consequently, the Commission approved the Gulliver Swim & Sportsworld Pty Ltd Agreement 2014, finding it to be fair and compliant with the relevant legislative requirements.

The final orders of the Commission were that the proposed agreement be approved, effective from the date of the decision. The approval was subject to the agreement being registered with the Fair Work Commission and becoming operational in accordance with its terms. The decision highlighted the importance of ensuring that enterprise agreements adhere to the legislative framework while facilitating fair and effective bargaining between employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established