Paul Sadler Swimland Narre Warren Pty Ltd

[2013] FWCA 10039

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paul Sadler Swimland Narre Warren Pty Ltd
(AG2013/11811)

PAUL SADLER SWIMLAND NARRE WARREN ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 20 DECEMBER 2013

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

[1] On 4 December 2013, Paul Sadler Swimland Narre Warren Pty Ltd (Applicant) made an application for approval of the Paul Sadler Swimland Narre Warren 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 within 14 days after it was made.

[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 case of Paul Sadler Swimland Narre Warren Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Paul Sadler Swimland Narre Warren Enterprise Agreement 2013. The application was brought by the employer, Paul Sadler Swimland Narre Warren Pty Ltd, which sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The primary concern of the applicant was to ensure that the terms and conditions outlined in the agreement were legally binding and enforceable for the employees covered by the agreement.

The key legal issues before the Commission were whether the agreement met the formal requirements for approval as set out in the Fair Work Act 2009, and whether the agreement had been genuinely negotiated between the employer and the employees. The Commission needed to consider whether the agreement contained all the mandatory terms required by the Act and whether it had been appropriately certified by an accredited bargaining representative. Additionally, the Commission examined whether the agreement had been made in good faith and whether the employees had been adequately represented during the negotiation process.

After reviewing the evidence and submissions provided by both the applicant and the relevant stakeholders, the Commission determined that the Paul Sadler Swimland Narre Warren Enterprise Agreement 2013 met all the necessary criteria for approval. The Commission found that the agreement contained all the mandatory terms required by the Act and had been appropriately certified by an accredited bargaining representative. Furthermore, the Commission was satisfied that the agreement had been made in good faith and that the employees had been adequately represented during the negotiation process. Consequently, the Commission approved the agreement as a registered enterprise agreement under the Fair Work Act 2009.

The Fair Work Commission approved the Paul Sadler Swimland Narre Warren Enterprise Agreement 2013 as a registered enterprise agreement, effective from the date of the Commission's decision. This approval ensures that the terms and conditions outlined in the agreement are legally binding and enforceable for the employees covered by the agreement. The Commission's decision provides certainty and stability in the workplace, facilitating harmonious industrial relations between the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established