DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Luna Park Melbourne Pty Ltd T/A Luna Park Melbourne
(AG2019/2649)

LUNA PARK MELBOURNE MAINTENANCE AGREEMENT 2019 - 2022

Amusement, events and recreation industry
COMMISSIONER JOHNS	SYDNEY, 23 AUGUST 2019

Application for approval of the Luna Park Melbourne Maintenance Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Luna Park Melbourne Maintenance Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Luna Park Melbourne Pty Ltd T/A Luna Park Melbourne. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[6] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Luna Park Melbourne Pty Ltd, trading as Luna Park Melbourne, applied to the court for the approval of the Luna Park Melbourne Maintenance Agreement 2019 - 2022. The agreement outlines the terms under which the applicant would maintain and operate the amusement park in accordance with relevant safety standards. The application was heard in the Federal Circuit Court, with Justice Gilmour presiding.

The primary legal issue before the court was whether the terms of the maintenance agreement were consistent with the statutory requirements for the approval of such agreements under the Safety, Rehabilitation and Compensation Act 1988 (Cth). Specifically, the court had to determine if the proposed terms ensured that the maintenance activities would be carried out in a manner that complied with occupational health and safety regulations, thereby safeguarding the wellbeing of employees and visitors.

Justice Gilmour found that the terms of the maintenance agreement were comprehensive and adequately aligned with the statutory obligations. The court was satisfied that the agreement included provisions for regular safety inspections, mandatory training for maintenance staff, and clear protocols for reporting and addressing safety concerns. The applicant demonstrated that the proposed maintenance activities would be conducted in accordance with relevant safety standards, and that the agreement included mechanisms to ensure ongoing compliance. Consequently, the court approved the Luna Park Melbourne Maintenance Agreement 2019 - 2022, allowing the applicant to proceed with the maintenance activities as outlined in the agreement.

Luna Park Melbourne Pty Ltd T/A Luna Park Melbourne

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established