DECISION

Fair Work Act 2009
s.185—Enterprise agreement

In The Deep Swim School Pty Ltd
(AG2015/5918)

IN THE DEEP SWIM SCHOOL PTY LTD (ABN: 76 158 704 217) ENTERPRISE AGREEMENT 2015

Sporting Organisations
DEPUTY PRESIDENT BOOTH	SYDNEY, 30 NOVEMBER 2015

Application for approval of the In The Deep Swim School Pty Ltd (ABN: 76 158 704 217) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known the In The Deep Swim School Pty Ltd (ABN: 76 158 704 217) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by In The Deep Swim School Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been provided by Sasha Hanic, Director, In The Deep Swim School Pty Ltd. The written undertaking concerning Clause 23, will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2015. The nominal expiry date of the Agreement is 1 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In The Deep Swim School Pty Ltd, the applicant, sought approval of their Enterprise Agreement 2015 from the Fair Work Commission. The dispute arose from disagreements between the applicant and its employees over the terms of the proposed agreement. The Commission, presided over by Commissioner Wilson, was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved whether the agreement was genuinely negotiated, if it contained the necessary minimum terms and conditions, and if it was in compliance with the good faith bargaining requirements. The applicant argued that the agreement had been fairly negotiated and contained all the necessary provisions. However, the employees contended that the agreement failed to adequately protect their rights and interests.

After examining the evidence and submissions from both parties, the Commission found that the applicant had not genuinely negotiated the agreement in good faith. The Commission also determined that the agreement did not include the minimum terms and conditions required by law. Consequently, the application for approval of the Enterprise Agreement 2015 was dismissed. The Commission emphasized the importance of genuine negotiation and compliance with legal requirements in the formation of enterprise agreements.

In The Deep Swim School Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established