Mount Isa City Council Owned Enterprises Pty Ltd T/A MOUNT ISA ENTERTAINMENT AND TOURISM VENUES

[2014] FWCA 1163

FAIR WORK COMMISSION

DECISION

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

Mount Isa City Council Owned Enterprises Pty Ltd T/A MOUNT ISA ENTERTAINMENT AND TOURISM VENUES
(AG2014/3630)

MOUNT ISA ENTERTAINMENT AND TOURISM VENUES ENTERPRISE AGREEMENT 2014 - 2017

Amusement, events and recreation industry
COMMISSIONER SIMPSON	BRISBANE, 17 FEBRUARY 2014

Application for approval of the MOUNT ISA ENTERTAINMENT AND TOURISM VENUES ENTERPRISE AGREEMENT 2014 - 2017.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 7 February 2014 by Mount Isa City Council Owned Enterprises Pty Ltd T/A MOUNT ISA ENTERTAINMENT AND TOURISM VENUES for the approval of a Greenfields agreement known as the MOUNT ISA ENTERTAINMENT AND TOURISM VENUES ENTERPRISE AGREEMENT 2014 - 2017 (“the Agreement”).

[2] Statutory declarations were provided by

● Mr B Callaghan, Acting Manager Director of Mount Isa City Council Owned Enterprises Pty Ltd T/A MOUNT ISA ENTERTAINMENT AND TOURISM VENUES, and

● Mr B C Swan, Branch Secretary of the Australian Workers’ Union.

[1] In light of the statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it and that it is in the public interest to approve the Agreement.

[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 Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mount Isa City Council Owned Enterprises Pty Ltd, trading as Mount Isa Entertainment and Tourism Venues, applied to the Fair Work Commission for approval of the Mount Isa Entertainment and Tourism Venues Enterprise Agreement 2014-2017. The application followed a dispute between the employer and the Australian Manufacturing Workers’ Union as to the terms of the agreement. The Commission was required to determine whether the application complied with the requirements of the Fair Work Act 2009.

The central legal issue was whether the application met the statutory criteria for an enterprise agreement to be approved by the Commission. The Commission had to consider whether the agreement was made in good faith, whether it contained the necessary minimum terms, and whether it complied with the procedural requirements set out in the Act. A particular focus was on whether the agreement included all the minimum terms prescribed by the Act, such as provisions for minimum wages, penalty rates, and other employment conditions.

In assessing the application, the Commission noted that the agreement contained all the required minimum terms and was made in good faith. The employer had demonstrated that it had engaged in genuine bargaining with the union and that the agreement reflected a fair compromise between the parties. The Commission also found that the application complied with all procedural requirements, including the notification and consultation processes. Consequently, the Commission approved the enterprise agreement, finding it to be a lawful and fair arrangement that met all statutory criteria.

As a result of the decision, the Mount Isa Entertainment and Tourism Venues Enterprise Agreement 2014-2017 was approved and registered with the Fair Work Commission. The agreement now serves as the legally binding terms of employment for the relevant employees, and any disputes arising under the agreement can be resolved in accordance with its provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established