Paul Sadler Swimland Riverside Gardens Unit Trust Pty Ltd T/A Paul Sadler Swimland Townsville

[2013] FWCA 10029

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paul Sadler Swimland Riverside Gardens Unit Trust Pty Ltd T/A Paul Sadler Swimland Townsville
(AG2013/11806)

PAUL SADLER SWIMLAND TOWNSVILLE ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 20 DECEMBER 2013

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

[1] On 3 December 2013, Paul Sadler Swimland Riverside Gardens Unit Trust T/A Paul Sadler Swimland Townsville (Applicant) made an application for approval of the Paul Sadler Swimland Townsville 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. The Fair Work Commission (Commission) invited the Applicant to explain the late lodgement. On 12 December 2013, Wayne Pollock, Chief Executive Officer, advised that the Agreement was lodged late despite their best efforts to send the application by Australia Post express post. 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

The case before the Fair Work Commission involved an application for approval of the Paul Sadler Swimland Townsville Enterprise Agreement 2013. The applicants, Paul Sadler Swimland Riverside Gardens Unit Trust T/A Paul Sadler Swimland Townsville, sought the Commission's approval of the agreement which was to govern the terms and conditions of employment for their workers. The application was made under the Fair Work Act 2009, and the dispute centred around whether the agreement met the legal requirements for approval, including being free from prohibited content and meeting the "better off overall test."

The central legal issues before the Commission were whether the enterprise agreement was free from prohibited content and whether it satisfied the "better off overall test" as outlined in the Fair Work Act. The "better off overall test" requires that employees covered by the agreement are not worse off financially and have at least the same entitlements as they had under the applicable award or previous enterprise agreement. The Commission had to consider the terms of the agreement, the bargaining positions of the parties, and the overall impact on the employees.

In determining the application, the Commission examined the provisions of the agreement to ensure they complied with the Fair Work Act. It was found that the agreement was free from prohibited content and contained provisions that were fair and reasonable. The Commission also assessed the "better off overall test" by comparing the terms of the agreement with the applicable award and previous agreements. After careful consideration, the Commission concluded that the agreement met the statutory requirements and would not result in employees being worse off overall. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Paul Sadler Swimland Townsville Enterprise Agreement 2013, finding that it was free from prohibited content and satisfied the "better off overall test." The approval was based on the Commission's assessment that the agreement provided fair and reasonable terms for employees and did not result in a detriment to their existing conditions of employment. This decision provides a clear framework for the terms of employment moving forward, ensuring that both employers and employees have a legally binding agreement that complies with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established