Hunter Leisure Pty Ltd T/A Hunter Leisure

[2022] FWCA 4060

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hunter Leisure Pty Ltd T/A Hunter Leisure

(AG2022/4467)

Hunter Leisure Pty Ltd and United Workers Union Enterprise Agreement 2022

Storage services
COMMISSIONER LEE	MELBOURNE, 18 NOVEMBER 2022

Application for approval of the Hunter Leisure Pty Ltd and United Workers Union Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Hunter Leisure Pty Ltd and United Workers Union Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hunter Leisure Pty Ltd T/A Hunter Leisure. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The United Workers' Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2022. The nominal expiry date of the Agreement is 1 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved Hunter Leisure Pty Ltd, trading as Hunter Leisure, and the United Workers Union. The dispute centred around the application for approval of the Hunter Leisure Pty Ltd and United Workers Union Enterprise Agreement 2022. The case was heard in the Fair Work Commission. The union submitted the enterprise agreement for approval, seeking to formalise the terms of employment for employees under the agreement. Hunter Leisure Pty Ltd contested the application, raising concerns about specific provisions within the agreement.

The legal issues that the court was required to decide involved whether the provisions within the enterprise agreement complied with the relevant sections of the Fair Work Act 2009. The primary concern was whether the agreement met the statutory requirements for approval, particularly focusing on whether it provided for the safety, health, and welfare of employees, as well as ensuring fair and reasonable terms of employment. The court also needed to determine whether the agreement adequately addressed any potential impacts on employees' rights and obligations.

The court's reasoning involved a thorough examination of the provisions in the enterprise agreement against the legislative framework provided by the Fair Work Act 2009. The court considered the balance between the rights and obligations of the employer and employees, ensuring that the agreement did not unjustifiably disadvantage either party. It evaluated whether the agreement provided sufficient protections for employee welfare and safety, and whether it established fair terms of employment. The court ultimately found that the agreement complied with the necessary statutory requirements and approved the enterprise agreement, recognising it as meeting the standards set by the Fair Work Act 2009.

The final orders of the court were that the Hunter Leisure Pty Ltd and United Workers Union Enterprise Agreement 2022 be approved in accordance with the Fair Work Act 2009. The agreement was to be registered and would apply to the relevant employees from the date of approval. This decision allowed the enterprise agreement to take effect, providing a formalised framework for employment terms between Hunter Leisure Pty Ltd and its employees as represented by the United Workers Union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established