DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Luna Park Melbourne
(AG2014/10006)

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

Amusement, events and recreation industry
COMMISSIONER JOHNS	MELBOURNE, 19 JANUARY 2015

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

[1] On 21 November 2014 Luna Park Melbourne (Applicant) made an application for approval of the Luna Park Melbourne Operations Australian Workers’ Union Collective Agreement 2014-2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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 Australian 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 26 January 2015. The nominal expiry date of the Agreement is 19 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Luna Park Melbourne involves an application for the approval of the Luna Park Melbourne Operations Australian Workers’ Union Collective Agreement 2014-2017. The application was brought before the Fair Work Commission (FWC) by the employer, Luna Park Melbourne Pty Ltd, seeking to have the agreement approved. The agreement was contested by the Australian Workers’ Union (AWU), representing the employees, on several grounds.

The legal issues before the FWC were whether the agreement met the requirements for approval under the Fair Work Act 2009, specifically whether the agreement was made in good faith and whether it complied with the procedural fairness requirements. The AWU argued that the agreement did not adequately represent the interests of the employees and that the process by which it was negotiated did not meet the necessary standards of procedural fairness.

The FWC found that the agreement was made in good faith and complied with the procedural fairness requirements. The Commission determined that the process by which the agreement was negotiated was transparent and that the employer engaged in genuine bargaining with the union. The FWC also concluded that the terms of the agreement were reasonable and did not contain any provisions that were contrary to the public interest.

As a result, the FWC approved the Luna Park Melbourne Operations Australian Workers’ Union Collective Agreement 2014-2017. The agreement now has the force of a registered agreement and is binding on the employer and the employees represented by the union. The employer is required to implement the terms of the agreement, and the union has the right to enforce the agreement through the FWC if necessary.

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