Ocean Gardens Inc

[2014] FWCA 7170

FAIR WORK COMMISSION

DECISION

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

Ocean Gardens Inc
(AG2014/7307)

OCEAN GARDENS INC ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER CLOGHAN	PERTH, 13 OCTOBER 2014

Application for approval of the Ocean Gardens Inc Enterprise Agreement 2014.

[1] On 28 August 2014, Ocean Gardens Inc (Applicant) made application for approval of a single enterprise agreement to be known as the Ocean Gardens Inc Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 20 August 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] Pursuant to s.190 of the FW Act, the Applicant has provided an undertaking which is attached to this Decision and forms part of the Agreement.

[5] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 20 October 2014.

[7] The nominal expiry date of this Agreement is 31 August 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case of Ocean Gardens Inc involved an application to the Fair Work Commission (FWC) for the approval of an enterprise agreement. Ocean Gardens Inc is an employer within the horticulture industry, and the dispute arose from negotiations between the employer and its employees regarding the terms and conditions of their employment as outlined in the proposed enterprise agreement. The FWC was tasked with determining whether the agreement met the necessary legal standards and could be approved for implementation.

The primary legal issues the FWC needed to address were whether the agreement had been genuinely negotiated between the employer and the employees, whether it contained the minimum terms and conditions prescribed by the Fair Work Act 2009, and whether the agreement complied with the procedural fairness requirements. Specifically, the FwC had to assess if the agreement was free from any elements of coercion or undue influence and if it provided for appropriate mechanisms for dispute resolution.

In delivering its decision, the FWC carefully considered the evidence presented regarding the negotiation process and the content of the agreement. The Commission concluded that the agreement had been genuinely negotiated, contained the requisite minimum terms and conditions, and did not exhibit any elements of coercion or undue influence. The FWC also found that the agreement provided for adequate mechanisms for dispute resolution, thus meeting the procedural fairness requirements. Consequently, the FWC approved the Ocean Gardens Inc Enterprise Agreement 2014, and the decision was confirmed as final and binding on all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established