Hope Patterson Lakes Pty Ltd

[2013] FWCA 6747

FAIR WORK COMMISSION

DECISION

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

Hope Patterson Lakes Pty Ltd
(AG2013/9092)

BRYSON MANAGEMENT HOPE ENTERPRISE BARGAINING AGREEMENT 2013

Children's services
DEPUTY PRESIDENT SMITH	MELBOURNE, 9 SEPTEMBER 2013

Application for approval of the Bryson Management Hope Enterprise Bargaining Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as Bryson Management Hope Enterprise Bargaining Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Hope Patterson Lakes Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Bryson Management Hope Enterprise Bargaining Agreement 2013 by Hope Patterson Lakes Pty Ltd. The applicant, Hope Patterson Lakes Pty Ltd, sought approval of the agreement which was intended to regulate the employment conditions of employees within the Bryson Management Hope enterprise. The nature of the dispute centred around the terms of the proposed agreement and its compliance with relevant industrial laws.

The key legal issues before the court were whether the agreement met the requirements for approval under the Fair Work Act 2009, including whether it complied with the better off overall test and whether it contained appropriate provisions for minimum terms and conditions. Additionally, the court needed to determine if the agreement had been fairly and properly negotiated and if it was suitable for registration as a registered agreement.

The Fair Work Commission found that the Bryson Management Hope Enterprise Bargaining Agreement 2013 met the statutory requirements for approval. The agreement was deemed to be better off overall for the employees as it provided enhanced wages and conditions compared to the existing industrial award. The court also concluded that the agreement contained the appropriate minimum terms and conditions as mandated by the Fair Work Act 2009. Furthermore, the evidence presented indicated that the agreement had been negotiated in good faith and was suitable for registration.

As a result, the Fair Work Commission approved the Bryson Management Hope Enterprise Bargaining Agreement 2013. The agreement was registered and would govern the employment conditions of the employees within the Bryson Management Hope enterprise, effective from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established