Royal Zoological Society of South Australia Incorporated T/A Zoos SA Summary

[2013] FWCA 4842

FAIR WORK COMMISSION

DECISION

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

Royal Zoological Society of South Australia Incorporated T/A Zoos SA
(AG2013/7444)

ROYAL ZOOLOGICAL SOCIETY COLLECTIVE AGREEMENT 2012-2015

Amusement, events and recreation industry
COMMISSIONER HAMPTON	ADELAIDE, 18 JULY 2013

Application for approval of the Royal Zoological Society Collective Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Royal Zoological Society Collective Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Royal Zoological Society of South Australia Incorporated T/A Zoos SA. The Agreement is a single-enterprise agreement.

[2] I am 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. In so finding I note that the dispute resolution provision in 32 is broad enough to include disputes about the NES given the other terms of the Agreement.

[3] I also note the provisions of clause 31 dealing with deductions from pay will operate subject to the terms of s.324 of the Act.

[4] United Voice and the Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that each wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Royal Zoological Society of South Australia Incorporated T/A Zoos SA for approval of the Royal Zoological Society Collective Agreement 2012-2015. This agreement aimed to establish the terms and conditions of employment for certain employees within the organisation. The application was heard by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement complied with the statutory requirements of the Fair Work Act. Specifically, the Commission needed to determine if the agreement met the criteria for being a "registered agreement" as outlined in the Act. This included assessing whether the agreement contained the necessary minimum terms and conditions, and whether it had been properly negotiated and agreed upon by the parties involved.

In its decision, the Commission examined the content of the proposed agreement and found it to be compliant with the statutory requirements. The agreement included all the minimum terms and conditions mandated by the Fair Work Act, and the Commission was satisfied that the agreement had been negotiated in good faith and was properly agreed upon by the parties. Therefore, the Commission approved the agreement, enabling it to be registered and enforced under the Act.

The Fair Work Commission approved the Royal Zoological Society Collective Agreement 2012-2015 as meeting the statutory requirements for registration under the Fair Work Act. This decision allows the agreement to be enforced as a binding contract between the parties involved, providing clarity and certainty regarding the terms and conditions of employment for the specified employees.

Royal Zoological Society of South Australia Incorporated T/A Zoos SA

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established