Sydney Aquarium Company Pty Ltd Summary

[2013] FWCA 5812

FAIR WORK COMMISSION

DECISION

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

Sydney Aquarium Company Pty Ltd
(AG2013/7796)

SYDNEY AQUARIUM COMPANY PTY LTD AGREEMENT 2013

Amusement, events and recreation industry
VICE PRESIDENT WATSON	SYDNEY, 16 AUGUST 2013

Application for approval of the Sydney Aquarium Company Pty Ltd Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Aquarium Company Pty Ltd 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 Sydney Aquarium Company Pty Ltd. 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] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 23 August 2013. The nominal expiry date of the Agreement is 22 August 2016.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Sydney Aquarium Company Pty Ltd applied to the Australian Industrial Relations Commission for approval of an enterprise agreement, referred to as the Sydney Aquarium Company Pty Ltd Agreement 2013. The application was made under the Fair Work Act 2009. The dispute centred around whether the proposed agreement met the legal requirements for approval, including its compliance with the 'better off overall test' and whether it had been fairly negotiated.

The legal issues before the commission involved determining if the agreement provided employees with a direct financial benefit, or a benefit in terms of terms and conditions, that was greater than any financial disadvantage. Additionally, the commission had to consider whether the agreement had been negotiated in good faith and whether it complied with the Fair Work Act's provisions. The application's focus was on whether the agreement sufficiently met the statutory requirements for being considered a 'simple, direct and effective' agreement.

The commission found that the Sydney Aquarium Company Pty Ltd Agreement 2013 did meet the statutory requirements for approval. The agreement was deemed to be simple, direct and effective, and it was considered to provide employees with a direct financial benefit. The commission was satisfied that the agreement had been negotiated in good faith and that it complied with the Fair Work Act. Consequently, the commission approved the agreement. The decision highlighted the importance of the 'better off overall test' and the necessity for enterprise agreements to provide a clear benefit to employees.

The final orders of the commission included the approval of the Sydney Aquarium Company Pty Ltd Agreement 2013, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by it. This decision underscored the commission's role in ensuring that enterprise agreements meet the legal standards set out in the Fair Work Act.

Sydney Aquarium Company Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established