Swings & Roundabouts Ltd

[2014] FWCA 7

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swings & Roundabouts Ltd
(AG2013/11839)

SWINGS & ROUNDABOUTS ENTERPRISE AGREEMENT 2013

Wine industry
COMMISSIONER WILLIAMS	PERTH, 6 JANUARY 2014

Application for approval of the Swings & Roundabouts Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Swings & Roundabouts Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Swings & Roundabouts Ltd. 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2014. The nominal expiry date of the Agreement is 6 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Swings & Roundabouts Ltd applied to the Fair Work Commission for approval of the Swings & Roundabouts Enterprise Agreement 2013. The application was contested by the union representing the employees, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute centred on the fairness and coverage of the agreement, including whether it complied with the relevant provisions of the Act and whether it was appropriately negotiated. The Fair Work Commission was required to determine the validity and appropriateness of the agreement under the statutory framework.

The central legal issues revolved around whether the agreement was fairly negotiated and if it complied with the procedural and substantive requirements set out in the Fair Work Act. The Commission considered whether the agreement met the "better-off-overall test," which requires that the terms and conditions of employment in the agreement be no worse than those under the relevant award or safety net and that employees are better off overall. The Commission also examined if the agreement was appropriately negotiated and if the process adhered to the statutory requirements. The union argued that the negotiation process was flawed and that the agreement failed to adequately represent the employees' interests.

In its decision, the Fair Work Commission found that the agreement was fairly negotiated and complied with the statutory requirements. The Commission held that the agreement met the better-off-overall test and was appropriately negotiated. The Commission was satisfied that the negotiation process adhered to the statutory requirements and that the agreement provided adequate protections for the employees. Consequently, the Commission approved the application for the agreement's registration.

The final orders of the Fair Work Commission included the approval of the Swings & Roundabouts Enterprise Agreement 2013, with the agreement to be registered from the date of the decision. The Commission directed that the agreement would operate for the specified period and would be binding on the parties as of that date. The union's objections were dismissed, and the agreement was registered in accordance with the Fair Work Act.

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