National Park Pty Limited T/A O'Reilly's Rainforest Guesthouse

[2024] FWCA 2097

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

National Park Pty Limited T/A O’Reilly’s Rainforest Guesthouse

(AG2024/1543)

O’REILLY’S RAINFOREST RETREAT AND CANUNGRA VALLEY VINEYARD WORKPLACE AGREEMENT 2023

Hospitality industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 6 JUNE 2024

Application for approval of the O’Reilly’s Rainforest Retreat and Canungra Valley Vineyard Workplace Agreement 2023

An application has been made for approval of an enterprise agreement known as the O’Reilly’s Rainforest Retreat and Canungra Valley Vineyard Workplace Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 13 June 2024. The nominal expiry date of the Agreement is 5 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the applicants, National Park Pty Limited trading as O’Reilly’s Rainforest Guesthouse, sought approval from the Fair Work Commission for the O’Reilly’s Rainforest Retreat and Canungra Valley Vineyard Workplace Agreement 2023. The respondents, who were employees of the company, did not oppose the application but raised concerns about certain provisions of the agreement. The matter was heard by the Fair Work Commission.

The primary legal issue was whether the Workplace Agreement complied with the Fair Work Act 2009 and its regulations. The applicants argued that the agreement was fair and reasonable, while the respondents questioned the fairness of specific provisions regarding pay rates, working conditions, and dispute resolution mechanisms.

The Fair Work Commission examined the provisions of the agreement in light of the statutory requirements. It found that the agreement was generally compliant with the Act and its regulations, although it made minor amendments to address the respondents' concerns. The Commission concluded that the amended agreement was fair and reasonable, and approved it accordingly.

The Fair Work Commission approved the Workplace Agreement with minor amendments. The amended agreement was to be implemented, and the respondents' concerns were addressed through the changes made by the Commission. The approval was subject to the parties adhering to the terms of the amended agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established