Paul Sadler Swimland Taylors Lakes Pty Ltd

[2013] FWCA 10040

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paul Sadler Swimland Taylors Lakes Pty Ltd
(AG2013/11777)

PAUL SADLER SWIMLAND TAYLORS LAKES ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 20 DECEMBER 2013

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

[1] On 2 December 2013, Paul Sadler Swimland Taylors Lakes Pty Ltd (Applicant) made an application for approval of the Paul Sadler Swimland Taylors Lakes 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Paul Sadler Swimland Taylors Lakes Pty Ltd applied for the approval of the Paul Sadler Swimland Taylors Lakes Enterprise Agreement 2013. The application was contested by the Australian Manufacturing Workers' Union (AMWU), which argued that the agreement did not meet the criteria for approval under the Fair Work Act 2009. The dispute centred on the fairness and efficacy of the proposed agreement, particularly in relation to its provisions concerning wages, working conditions, and dispute resolution mechanisms.

The primary legal issues before the Commission were whether the agreement complied with the formal requirements for approval and whether it provided for fair and reasonable terms and conditions of employment. The Commission had to determine if the agreement was made in good faith and without coercion, if it covered the appropriate bargaining unit, and if it provided for appropriate dispute resolution mechanisms. Additionally, the Commission considered whether the agreement met the statutory requirements for approval, including the need for it to provide for minimum wages and conditions.

The Commission found that the application for approval was made in good faith and without coercion, and that the agreement was made with the appropriate bargaining unit. However, the Commission noted that the agreement contained provisions that were not compliant with the Fair Work Act. Specifically, the Commission found that the agreement did not provide for minimum wages and conditions in relation to penalty rates and overtime. The Commission also found that the agreement did not provide for appropriate dispute resolution mechanisms. Despite these deficiencies, the Commission determined that the agreement was fair and reasonable overall and granted the application for approval subject to certain modifications to address the identified deficiencies.

The Fair Work Commission granted the application for approval of the Paul Sadler Swimland Taylors Lakes Enterprise Agreement 2013, subject to modifications to the agreement. The modifications included the insertion of provisions to ensure that the agreement provided for minimum wages and conditions, including penalty rates and overtime, and the inclusion of appropriate dispute resolution mechanisms. The Commission also ordered that the modified agreement be notified to all employees covered by the agreement and that it would be registered and in force from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established