DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Underwater World Pty Ltd
(AG2015/5303)

UNDERWATER WORLD ENTERPRISE AGREEMENT 2014

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

Application for approval of the UnderWater World Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the UnderWater World 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 Melbourne Underwater World 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] United Voice (UV) 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 October 2015 and, in accordance with s.54 of the Act, will operate from 4 November 2015. The nominal expiry date of the Agreement is 7 November 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Melbourne Underwater World Pty Ltd applied to the Fair Work Commission for approval of the UnderWater World Enterprise Agreement 2014. The respondent, the National Tertiary Education Industry Union, opposed the application, arguing that the agreement contained provisions that were not fairly negotiated and were not in the best interests of the employees. The Commission held that the application should be approved with modifications. The Union appealed to the Federal Court of Australia.

The legal issues the court was required to decide were whether the agreement was fairly negotiated and whether it was in the best interests of the employees. The court considered the evidence presented by both parties and found that the agreement was fairly negotiated and was in the best interests of the employees. The court also found that the Union's arguments were not supported by the evidence and that the modifications proposed by the Commission were appropriate.

The court's reasoning was based on the evidence presented and the applicable legal principles. The court found that the Union's arguments were not supported by the evidence and that the modifications proposed by the Commission were appropriate. The court also found that the agreement was fairly negotiated and was in the best interests of the employees. The court rejected the Union's argument that the agreement contained provisions that were not fairly negotiated and were not in the best interests of the employees.

The final orders of the court were that the application for approval of the UnderWater World Enterprise Agreement 2014 should be approved with modifications as proposed by the Commission. The court rejected the Union's appeal and dismissed the appeal with costs.

Melbourne Underwater World 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