DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Zoological Society of South Australia Inc
(AG2019/857)

ROYAL ZOOLOGICAL SOCIETY OF SOUTH AUSTRALIA COLLECTIVE AGREEMENT 2018-2021

Amusement, events and recreation industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 JULY 2019

Application for approval of the Royal Zoological Society of South Australia Collective Agreement 2018-2021

[1] Royal Zoological Society of South Australia Inc has made an application for approval of an enterprise agreement known as the Royal Zoological Society of South Australia Collective Agreement 2018-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Maritime, Mining and Energy Union and United Voice, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declarations provided, I note that the Agreement covers these organisations.
[5] The Agreement was approved on 8 July 2019 and, in accordance with s 54, will operate from 15 July 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Royal Zoological Society of South Australia Inc applied to the Fair Work Commission for approval of the Royal Zoological Society of South Australia Collective Agreement 2018-2021. The dispute involved the terms and conditions of employment for employees covered by the agreement. The Fair Work Commission, presided over by Commissioner Wilson, was tasked with assessing whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue the court needed to determine was whether the collective agreement provided for the employees' pay and conditions in a manner that complied with the provisions of the Fair Work Act. This involved scrutinising the agreement's provisions to ensure they adhered to the statutory minimum standards and did not unfairly disadvantage any party. The court also had to consider if the agreement was made in good faith and whether it complied with the process requirements set out in the Act.

Commissioner Wilson examined the agreement's provisions and concluded that it met the statutory requirements for approval. The agreement was found to provide for the employees' pay and conditions in a manner that complied with the Act, including setting out minimum rates of pay, allowances, and other conditions of employment. The Commissioner determined that the agreement had been made in good faith and that the process requirements were satisfied. Therefore, the application for approval was granted.

The final orders included the approval of the Royal Zoological Society of South Australia Collective Agreement 2018-2021, effective from the date of the decision. The agreement was to govern the employment terms and conditions for the specified period, providing a framework for the relationship between the employer and the employees covered by the agreement.

Royal Zoological Society of South Australia Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established