DECISION

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

Kakadu Tourism (GLC) Pty Ltd T/A Cooinda Lodge Kakadu
(AG2015/2344)

COOINDA LODGE KAKADU ENTERPRISE AGREEMENT 2015

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 15 JUNE 2015

Application for approval of the Cooinda Lodge Kakadu Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cooinda Lodge Kakadu 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 Kakadu Tourism (GLC) Pty Ltd T/A Cooinda Lodge Kakadu. The agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] United Voice (Northern Territory Branch), 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2015. The nominal expiry date of the Agreement is 1 April 2019.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Kakadu Tourism (GLC) Pty Ltd T/A Cooinda Lodge Kakadu applied for approval of the Cooinda Lodge Kakadu Enterprise Agreement 2015. The application was made in the Fair Work Commission. The respondents to the application included the Australian Council of Trade Unions and the Building, Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the terms and conditions of employment of the employees of the applicant company, including issues such as wages, working hours, and leave entitlements.

The legal issues before the court included whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for "better off overall" testing, and whether the agreement was made in accordance with the procedural requirements of the Fair Work Act. The court was also required to consider whether the agreement was in the interests of the employees and whether any procedural irregularities could be excused.

The court found that the enterprise agreement did comply with the requirements of the Fair Work Act, including the better off overall test, and that the agreement was made in accordance with the procedural requirements of the act. The court also found that the agreement was in the interests of the employees and that any procedural irregularities could be excused. The court approved the enterprise agreement, and its terms and conditions became binding on the employees and the employer.

Kakadu Tourism (GLC) Pty Ltd T/A Cooinda Lodge Kakadu

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established