Phillip Island Nature Parks Board of Management Incorporated t/as Phillip Island Nature Parks

[2014] FWCA 5720

[2014] FWCA 5720

FAIR WORK COMMISSION

DECISION

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

Phillip Island Nature Parks Board of Management Incorporated t/as Phillip Island Nature Parks
(AG2014/7098)

PHILLIP ISLAND NATURE PARKS AGREEMENT 2014-2017

Tourism industry
DEPUTY PRESIDENT SAMS	SYDNEY, 21 AUGUST 2014

Application for approval of the Phillip Island Nature Parks Agreement 2014-2017.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Phillip Island Nature Parks Board of Management Incorporated t/as Phillip Island Nature Parks (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Phillip Island Nature Parks Agreement 2014-2017 (the ‘Agreement’). The Agreement was negotiated with the Australian Municipal, Administrative, Clerical and Services Union (the ‘Union’) and is to cover 200 employees, other than the Chief Executive Officer and the Senior and Executive Managers of Phillip Island Nature Parks in Victoria.

[2] The employees were last notified of their representational rights on 11 November 2013, and voting for the Agreement’s approval took place between 1 and 7 August 2014. The time limits under s 181(2) of the Act are thereby satisfied. In the approval ballot, 128 of the 133 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 12 August 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr M Jackson, Chief Executive Officer, identified the Australian Services Union (Phillip Island Nature Park) Award 1999 [AP765856] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Jacksonsaid that the Agreement did not provide for any improvements or reductions in relation to the terms and conditions of the Award. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 7 and 8 respectively, and a disputes resolution procedure at clause 39 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 20 August 2014, Mr M Jackson appeared with Ms M Woods for the applicant and Mr C Wright for the Union. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement. Mr Jackson outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. Mr Jackson explained that rates of pay are to be increased by 2.25% on 5 June 2014, 2.25% on 22 December 2014 and 2% on 22 December 2015. Mr Wright supported the applicant’s submissions.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Phillip Island Nature Parks Agreement 2014-2017.Pursuant to s 54 of the Act, the Agreement shall operate from 27 August 2014 and have a nominal expiry date of 18 May 2017.

DEPUTY PRESIDENT

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