DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paul Sadler Swimland Pty Ltd
(AG2017/1820)

PAUL SADLER SWIMLAND SINGLE ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 16 JUNE 2017

Application for approval of the Paul Sadler Swimland Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Paul Sadler Swimland Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Paul Sadler Swimland Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Worker’s Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 June 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Paul Sadler Swimland Pty Ltd, the applicant, the Fair Work Commission was tasked with determining the approval of the Paul Sadler Swimland Single Enterprise Agreement 2017. The agreement was submitted for consideration under the Fair Work Act 2009. The primary dispute arose from the proposed terms and conditions of employment outlined in the agreement, which was to apply to the employees of Paul Sadler Swimland Pty Ltd.

The legal issues before the Commission encompassed the fairness and appropriateness of the proposed terms and conditions, as well as the compliance of the agreement with relevant statutory requirements. Specifically, the Commission had to examine whether the agreement met the "better off overall test" as prescribed by the Fair Work Act, ensuring that employees would be no worse off financially and at least as well off in other respects. Additionally, the Commission had to ensure the agreement adhered to all legislative provisions and did not contravene any protections afforded to employees under the Fair Work Act.

The Commission undertook a thorough review of the agreement, considering submissions from both the applicant and relevant stakeholders, including employee representatives. The Commission assessed whether the proposed terms provided a fair and reasonable balance of rights and obligations between the employer and employees. After evaluating the evidence and submissions, the Commission determined that the agreement met the necessary criteria for approval. The terms were found to be fair and appropriate, and the agreement was compliant with all statutory requirements, including the better off overall test.

Consequently, the Commission approved the Paul Sadler Swimland Single Enterprise Agreement 2017, affirming its validity and applicability to the employees of Paul Sadler Swimland Pty Ltd. This decision ensures that the terms and conditions set forth in the agreement are legally binding and enforceable, providing a framework for the employment relationship within the organisation.

Paul Sadler Swimland Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established