DECISION

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

Melbourne & Olympic Parks Trust T/A Melbourne & Olympic Parks
(AG2015/5006)

THE MELBOURNE AND OLYMPIC PARKS MAINTENANCE AND HORTICULTURE ENTERPRISE AGREEMENT 2014-2017

Agricultural industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 24 SEPTEMBER 2015

Application for approval of the The Melbourne & Olympic Parks Maintenance and Horticulture Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the The Melbourne & Olympic Parks Maintenance and Horticulture Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] The The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want 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 is approved and will operate from 1 October 2015. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Melbourne & Olympic Parks Trust T/A Melbourne & Olympic Parks applied to the Fair Work Commission for approval of the The Melbourne & Olympic Parks Maintenance and Horticulture Enterprise Agreement 2014-2017. The application was brought by the applicant employer, which operates the Melbourne Olympic Park. The Fair Work Commission considered the application and whether it should be approved. The Commission found the application was valid and that it should be approved.

The legal issues before the Commission were whether the agreement was in the public interest, and whether it was consistent with the Fair Work Act 2009. The Commission examined the terms of the agreement, and whether they complied with the relevant legislation and standards. The Commission also considered the impact of the agreement on the employees and the employer, and whether it promoted workplace relations. The Commission found that the agreement was in the public interest, and that it was consistent with the Fair Work Act 2009.

The Fair Work Commission approved the application, and the Melbourne & Olympic Parks Maintenance and Horticulture Enterprise Agreement 2014-2017 was approved. The Commission found that the agreement was in the public interest, and that it was consistent with the Fair Work Act 2009. The Commission also found that the agreement promoted workplace relations, and that it was fair and reasonable for both parties. The Commission approved the agreement on the basis that it met the requirements of the Fair Work Act 2009, and that it was in the public interest.

Melbourne & Olympic Parks Trust T/A Melbourne & Olympic Parks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established