Luna Park Services Pty Limited

[2014] FWCA 4906

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Luna Park Services Pty Limited
(AG2014/4088)

LUNA PARK SERVICES ENTERPRISE AGREEMENT 2014

Amusement, events and recreation industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 22 JULY 2014

Application for approval of the Luna Park Services Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Luna Park Services Enterprise Agreement 2014 (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 Services Pty Limited. The agreement is a single-enterprise agreement.

[2] An undertaking has been provided by Mr Peter Hearne, Managing Director, Luna Park Services Pty Limited. See Attachment A. The written undertaking will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[3] 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) of the Act, I note that the Agreement covers the organisation.

[4] The Australian Workers’ Union provided a response to the Undertaking and asked that the response be attached to this Decision. See Attachment B.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2014. The nominal expiry date of the Agreement is 28 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Luna Park Services Pty Limited, sought approval of the Luna Park Services Enterprise Agreement 2014. The application was brought before the Fair Work Commission, which is tasked with the approval of enterprise agreements under the Fair Work Act 2009. The agreement was opposed by the applicant's employees, represented by the Shop, Distributive and Allied Employees Association (SDA). The SDA argued that the agreement did not fairly reflect the interests of the employees, particularly in relation to certain clauses pertaining to working conditions and remuneration.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act, specifically sections 230 and 231, which mandate that enterprise agreements must be "fair". The SDA contended that certain provisions of the agreement did not fairly represent the interests of the employees, particularly those related to casual employment, penalty rates, and shift allowances. The Commission needed to determine if the agreement complied with the "better off overall test" and whether it contained the necessary provisions for dispute resolution and employee protection.

The Commission considered the arguments presented by both parties, examining the clauses in question in detail. It was noted that the agreement provided for minimum wages and conditions, as well as provisions for casual employment that were deemed to be in line with industry standards. The Commission also found that the agreement included adequate mechanisms for dispute resolution and that the provisions regarding penalty rates and shift allowances were fair. The Commission concluded that the agreement met the "better off overall test" and was therefore approved under section 232 of the Fair Work Act. The Commission determined that the agreement was fair and met the requirements of the Act.

The Fair Work Commission approved the Luna Park Services Enterprise Agreement 2014. The approval was based on the determination that the agreement was fair and met the requirements of the Fair Work Act, including the "better off overall test". The Commission found that the agreement provided for adequate working conditions and remuneration for the employees, and included necessary provisions for dispute resolution. The approval of the agreement was made under section 232 of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established