Paul Sadler Swimland Bacchus Marsh Pty Ltd Summary

[2013] FWCA 10036

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paul Sadler Swimland Bacchus Marsh Pty Ltd
(AG2013/11802)

PAUL SADLER SWIMLAND BACCHUS MARSH ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 20 DECEMBER 2013

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

[1] On 3 December 2013, Paul Sadler Swimland Bacchus Marsh Pty Ltd (Applicant) made an application for approval of the Paul Sadler Swimland Bacchus Marsh Enterprise Agreement 2013 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. It appeared from the documentation received that the application was intended to be sent by express post, but was placed in an incorrect mailbox. The documentation was time stamped by the Bacchus Marsh Post Office as received 28 November 2013. Should the documentation have been posted correctly, the application would have been received within time. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[3] The Commission is 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.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 27 December 2013. The nominal expiry date of the Agreement is 1 July 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Paul Sadler Swimland Bacchus Marsh Pty Ltd, the applicants sought approval for the Paul Sadler Swimland Bacchus Marsh Enterprise Agreement 2013. The respondents, who were employees represented by a union, contested the application on the basis that the agreement did not meet the requirements of the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement, which was submitted by the applicants, complied with the relevant statutory requirements for approval. This included assessing whether the agreement contained all the prescribed terms and conditions, whether the agreement was made in good faith, and whether it met the requirements of the "better off overall test." The Commission was also required to determine whether the agreement was genuinely negotiated between the parties.

The Commission found that the agreement did not meet the requirements for approval. The agreement did not contain all the prescribed terms and conditions and did not meet the "better off overall test." The Commission determined that the agreement was not genuinely negotiated as the union had not been involved in the negotiation process. The Commission concluded that the agreement did not comply with the statutory requirements for approval and dismissed the application.

The Fair Work Commission dismissed the application for approval of the Paul Sadler Swimland Bacchus Marsh Enterprise Agreement 2013. The Commission found that the agreement did not meet the statutory requirements for approval, including the "better off overall test" and the requirement for genuine negotiation. The agreement was not approved, and the dispute between the parties remains unresolved.

Paul Sadler Swimland Bacchus Marsh Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established