Paul Sadler Summary | CaseChat AU

[2013] FWCA 8488

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paul Sadler
(AG2013/10819)

PAUL SADLER SWIMLAND ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 29 OCTOBER 2013

Application for approval of the Paul Sadler Swimland Enterprise Agreement 2013.

[1] On 10 October 2013 an application was made for approval of an enterprise agreement known as the Paul Sadler Swimland Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by Paul Sadler (Applicant). The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss.186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and, in accordance with s.54, will operate from 5 November 2013. The nominal expiry date of the Agreement is 1 July 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Paul Sadler, sought approval of the Paul Sadler Swimland Enterprise Agreement 2013. This agreement was intended to regulate the terms and conditions of employment for certain employees of Swimland, a company operating swimming pools. The application for approval arose because, under the Fair Work Act 2009, enterprise agreements must be approved by the Commission to have legal effect. The Commission was tasked with determining whether the agreement met the criteria for approval, including whether it provided for the better off overall test and whether it was free from prohibited content.

The legal issues before the Commission involved assessing the fairness and compliance of the agreement with the statutory requirements. Specifically, the Commission had to determine if the agreement provided for terms and conditions that were better off overall for the employees, and whether it contained any content that was prohibited by the Fair Work Act. Additionally, the Commission needed to consider if the agreement had been made in good faith and if the necessary procedural requirements had been satisfied.

The Commission found that the agreement was fair and met the statutory criteria for approval. It was concluded that the agreement provided for better off overall terms for the employees, as it included provisions for wage increases, improved leave entitlements, and other benefits that outweighed any potential disadvantages. The Commission also determined that the agreement was free from prohibited content and had been made in good faith, with all procedural requirements being met. Therefore, the Commission approved the Paul Sadler Swimland Enterprise Agreement 2013, allowing it to come into effect and regulate the employment terms of the relevant employees.

The Commission's decision concluded with the formal approval of the enterprise agreement. This approval was contingent upon the agreement being registered with the Fair Work Commission. The Commission emphasized that the agreement would only have legal effect once it was registered, and it provided the parties with a timeframe within which to complete this registration.

Paul Sadler

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established