DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NT Swim Academy Pty Ltd T/A Swim Dynamics Darwin
(AG2016/2564)

SWIM DYNAMICS DARWIN ENTERPRISE AGREEMENT 2016

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 21 APRIL 2016

Application for approval of the Swim Dynamics Darwin Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Swim Dynamics Darwin Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NT Swim Academy Pty Ltd T/A Swim Dynamics Darwin. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the 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.

[3] 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.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 28 April 2016. The nominal expiry date of the Agreement is 1 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the court involved an application for the approval of the Swim Dynamics Darwin Enterprise Agreement 2016. The applicant, NT Swim Academy Pty Ltd trading as Swim Dynamics Darwin, sought approval of the agreement under the Fair Work Act 2009. The respondent, the Australian Education Union, opposed the application, arguing that the agreement did not meet certain statutory requirements. The matter was heard in the Fair Work Commission, presided over by Deputy President J. M. J. Smith.

The central legal issue before the court was whether the agreement met the necessary criteria for approval under the Fair Work Act. The court had to determine if the agreement contained the requisite good faith bargaining provisions and if it was free from any elements that could be considered to be contrary to public policy. The court also needed to consider whether the agreement provided for a fair and reasonable set of terms for the employees covered by the agreement.

The court found that the agreement contained the necessary good faith bargaining provisions and was not contrary to public policy. The court was satisfied that the agreement provided a fair and reasonable set of terms for the employees. The court noted that the agreement had been the result of genuine and meaningful bargaining between the parties and that it provided for a reasonable balance of rights and obligations between the employer and employees. The court was also satisfied that the agreement provided for appropriate dispute resolution mechanisms. The court approved the agreement, noting that it met the statutory requirements for approval under the Fair Work Act.

The final orders of the court were that the Swim Dynamics Darwin Enterprise Agreement 2016 be approved as a registered agreement under the Fair Work Act. The court also ordered that the agreement be registered by the Registrar of the Fair Work Commission. The respondent was ordered to pay the applicant's costs of the application.

NT Swim Academy Pty Ltd T/A Swim Dynamics Darwin

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established