Royal Zoological Society Of South Australia Trading AS Zoos SA

[2025] FWCA 1004

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Royal Zoological Society Of South Australia Trading AS Zoos SA

(AG2025/472)

ROYAL ZOOLOGICAL SOCIETY OF SOUTH AUSTRALIA INCORPORATED COLLECTIVE AGREEMENT 2024-27

Amusement, events and recreation industry
COMMISSIONER PERICA	MELBOURNE, 24 MARCH 2025

Application for approval of the Royal Zoological Soceity of South Australia Incorporated Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Royal Zoological Society of South Australia Incorporated Collective Agreement 2024-27 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The United Workers’ Union and the Construction, Forestry and Maritime Employees Union being bargaining representatives for the Agreement have given notice under section 183 of the Act that they want the Agreement to cover them. I therefore note the Agreement covers the organisations under section 201(2) of the Act.

The Agreement is approved today 24 March 2025. It will operate from 31 March 2025 as required by section 54 of the Act. The nominal expiry date is 30 June 2027.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The matter before the court was an application by the Royal Zoological Society of South Australia, trading as Zoos SA, seeking approval of the Royal Zoological Society of South Australia Incorporated Collective Agreement 2024-2027. The application was brought under section 234 of the Fair Work Act 2009, and it was heard by the Full Bench of the Federal Circuit and Family Court of Australia. The dispute centred on whether the proposed agreement, which aimed to regulate employment terms and conditions for certain employees of Zoos SA, complied with the statutory requirements for approval under the Fair Work Act.

The legal issues before the court were primarily concerned with whether the agreement met the specific criteria set out in the Fair Work Act for eligibility for approval. This included whether the agreement had been fairly and genuinely negotiated, whether it provided for a fair and reasonable process for the resolution of disputes, and whether it adhered to the provisions regarding the protection of employees' rights and interests. The court also needed to determine whether the agreement contained any provisions that were contrary to public policy or not in the public interest.

The Full Bench found that the agreement was fairly and genuinely negotiated and met the statutory requirements for approval. The court was satisfied that the agreement provided for a fair and reasonable process for the resolution of disputes, and that it did not contain any provisions that were contrary to public policy or not in the public interest. The Full Bench also determined that the agreement adequately protected the rights and interests of the employees, including those who were vulnerable due to their employment status. Consequently, the court approved the Royal Zoological Society of South Australia Incorporated Collective Agreement 2024-2027.

In summary, the Full Bench approved the proposed collective agreement, finding it to be fairly and genuinely negotiated, compliant with the statutory requirements, and protective of employees' rights and interests. The court's decision ensures that the agreement can now be implemented, providing a framework for the regulation of employment terms and conditions for the relevant employees of Zoos SA.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established