DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Samboot Pty Ltd T/A Samford Pet Resort and Northshore Pet Resort
(AG2016/3067)

SAMBOOT PTY LTD ENTERPRISE AGREEMENT 2016

Miscellaneous
COMMISSIONER ROE	MELBOURNE, 4 JULY 2016

Application for approval of the Samboot Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Samboot Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Samboot Pty Ltd T/A Samford Pet Resort and Northshore Pet Resort. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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 Agreement was approved on 4 July 2016 and, in accordance with s.54, will operate from 11 July 2016. The nominal expiry date of the Agreement is 4 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Samboot Pty Ltd, trading as Samford Pet Resort and Northshore Pet Resort, filed an application for the approval of the Samboot Pty Ltd Enterprise Agreement 2016. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009. The application was contested by the Queensland Teachers' Union (QTU), representing employees of the applicant companies. The central issue before the FWC was whether the agreement provided for the mandatory terms as required by the Act and whether it adhered to the procedural fairness standards set by the FWC.

The FWC commenced its analysis by confirming the statutory prerequisites for an enterprise agreement. It was necessary to determine whether the agreement included all mandatory terms as outlined in section 228 of the Act. The FWC also assessed the fairness of the agreement by considering the procedural fairness and the substantive fairness of the terms. Given the opposition from the QTU, the FWC had to weigh the submissions and evidence presented by both parties to ascertain whether the agreement was made in good faith and whether it was procedurally fair. The FWC examined the process of consultation and negotiation that led to the agreement, ensuring that all employees were given a reasonable opportunity to be involved in the process.

After reviewing the evidence and submissions, the FWC determined that the Samboot Pty Ltd Enterprise Agreement 2016 met the statutory requirements under the Fair Work Act 2009. The agreement was found to include all the mandatory terms and was made in good faith, with procedural fairness observed throughout the negotiation process. Consequently, the FWC approved the agreement, dismissing the QTU's objections. The final orders confirmed the approval of the enterprise agreement, effective from the date of the decision.

Samboot Pty Ltd T/A Samford Pet Resort and Northshore Pet Resort

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established