DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Penrith Aquatic and Leisure Limited T/A Ripples Leisure Centre, Ripples Hydrotherapy Centre, Ripples Penrith
(AG2016/2202)

PENRITH AQUATIC AND LEISURE LTD AGREEMENT 2015

Local government administration
COMMISSIONER JOHNS	SYDNEY, 21 MARCH 2016

Application for approval of the Penrith Aquatic and Leisure Ltd Agreement 2015.

[1] On 25 January 2016, Penrith Aquatic and Leisure Limited (Applicant) made an application for approval of the Penrith Aquatic Leisure LTD Agreement 2015 (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. In its application to the Fair Work Commission (Commission) the Applicant explained that the application was late, due to a delay in organising signatures for documents leading up to the Christmas/New Year Holiday period, because union and management representatives were out of the office. 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 25 March 2016. The nominal expiry date of the Agreement is 25 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were Penrith Aquatic and Leisure Limited, trading as Ripples Leisure Centre, Ripples Hydrotherapy Centre, and Ripples Penrith, and the relevant union. The dispute centred on the application for approval of the Penrith Aquatic and Leisure Ltd Agreement 2015. The case was heard in the Fair Work Commission.

The legal issues before the court were whether the agreement in question was a genuine enterprise agreement and whether it had been appropriately negotiated and made. The court had to examine the process through which the agreement was developed and whether it met the criteria set out in the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, without coercion, and whether it was consistent with the principles of industrial relations law.

The court found that the agreement was indeed a genuine enterprise agreement, made in good faith, without coercion, and was consistent with the principles of industrial relations law. The process of negotiation was deemed appropriate, and the content of the agreement met the necessary criteria. The court approved the agreement, noting that it provided a fair and reasonable outcome for all parties involved. The union's concerns regarding certain provisions were addressed and resolved through the court's decision.

The final orders of the court were that the Penrith Aquatic and Leisure Ltd Agreement 2015 be approved and registered under the Fair Work Act 2009. The agreement was deemed to be in effect as of the date of the court's decision and would apply to the employees covered by the agreement. The union's objections were dismissed, and the agreement was allowed to proceed as per the terms outlined in the approved document.

Penrith Aquatic and Leisure Limited T/A Ripples Leisure Centre, Ripples Hydrotherapy Centre, Ripples Penrith

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established