DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Luna Park Melbourne Pty Ltd
(AG2015/1683)

LUNA PARK MELBOURNE OPERATIONS AUSTRALIAN WORKERS’ UNION COLLECTIVE AGREEMENT 2014 - 2017

Amusement, events and recreation industry
COMMISSIONER CRIBB	MELBOURNE, 28 JANUARY 2015

Application for approval of the Luna Park Melbourne Operations Australian Workers’ Union Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Luna Park Melbourne Operations Australian Workers’ Union Collective Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Luna Park Melbourne 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 Australian Workers’ Union (AWU) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 28 January 2015 and, in accordance with s.54 of the Act, will operate from 4 February 2015. The nominal expiry date of the Agreement is 27 January 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Australian Workers’ Union, sought approval of a collective agreement between themselves and the respondent, Luna Park Melbourne Pty Ltd, in relation to employees’ wages, conditions and terms of employment. The application was brought before the Fair Work Commission (FWC) under section 233 of the Fair Work Act 2009. The respondent opposed the approval of the agreement on the basis that it contained provisions which were not directly related to wages, terms or conditions of employment, and as such, were outside the scope of the agreement and beyond the authority of the FWC to approve.

The FWC considered whether the provisions in question were outside the scope of the agreement and if so, whether the provisions could be severed from the rest of the agreement. The FWC found that certain provisions of the agreement were not directly related to wages, terms or conditions of employment and were therefore outside the scope of the agreement. However, the FWC found that the provisions could be severed from the rest of the agreement without affecting the operation of the remaining provisions, and approved the agreement with those provisions removed.

The FWC approved the Luna Park Melbourne Operations Australian Workers’ Union Collective Agreement 2014 - 2017, with the removal of the provisions found to be outside the scope of the agreement. The decision highlights the importance of ensuring that collective agreements are within the scope of the FWC’s authority and that any provisions outside this scope can be severed without affecting the operation of the remaining provisions.

Luna Park Melbourne 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