DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sanctuary Lakes Resort Services Limited
(AG2017/6773)

SANCTUARY LAKES RESORT SERVICES LIMITED ENTERPRISE AGREEMENT 2018

Gardening services
COMMISSIONER LEE	MELBOURNE, 17 JANUARY 2018

Application for approval of the Sanctuary Lakes Resort Services Limited Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sanctuary Lakes Resort Services Limited Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sanctuary Lakes Resort Services Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2018. The nominal expiry date of the Agreement is 1 March 2021.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved Sanctuary Lakes Resort Services Limited, an employer, and its employees, represented by the Hospitality Workers Union. The dispute centred around the application for the approval of the Sanctuary Lakes Resort Services Limited Enterprise Agreement 2018, which sought to regulate the terms and conditions of employment for the workers in question. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues that the Fair Work Commission had to address were whether the agreement was made in good faith and whether it complied with the "better off overall test" under the Fair Work Act. This test requires that employees be no worse off financially and preferably better off overall when compared to the applicable award or safety net. Additionally, the Commission had to assess whether the agreement appropriately dealt with various aspects such as wages, penalty rates, and other employment conditions in line with the statutory requirements.

In reaching its decision, the Fair Work Commission examined the submissions and evidence provided by both parties. It considered the financial implications of the proposed agreement on the employees, ensuring that they were at least as well off, and preferably better off, than they would be under the applicable award. The Commission also scrutinised the negotiation process to confirm that the agreement was made in good faith. After thorough deliberation, the Commission approved the agreement, finding it met all necessary criteria under the Fair Work Act, including compliance with the better off overall test.

The final orders of the Fair Work Commission mandated the approval of the Sanctuary Lakes Resort Services Limited Enterprise Agreement 2018, effective from the date specified within the agreement. This decision legally bindingly established the terms and conditions of employment as outlined in the approved agreement, thereby concluding the dispute between the employer and the employees.

Sanctuary Lakes Resort Services Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established