DECISION

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

Tjapukai Pty Ltd T/A Tjapukai
(AG2015/3060)

TJAPUKAI - GUDJI GURI ENTERPRISE AGREEMENT 2015

Amusement, events and recreation industry
COMMISSIONER SIMPSON	BRISBANE, 3 JULY 2015

Application for approval of the Tjapukai - Gudji Guri Enterprise Agreement 2015.

[1] Tjapukai Pty Ltd applies for approval of an enterprise agreement known as the Tjapukai - Gudji Guri Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that this organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[3] 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.

[4] The Agreement is approved, in accordance with s.54 of the Act, will operate from 10 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Tjapukai Pty Ltd trading as Tjapukai for the approval of the Tjapukai - Gudji Guri Enterprise Agreement 2015. The applicants sought to have the agreement registered under the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing some of the employees. The dispute centred on whether the agreement met the legal requirements for approval, including whether it had been made in good faith and whether it contained appropriate dispute resolution provisions.

The legal issues before the Commission included whether the agreement had been made in good faith, whether it provided for appropriate dispute resolution mechanisms, and whether it complied with the requirements of the Fair Work Act. The Commission had to consider whether the agreement was fair and reasonable, taking into account the nature of the workplace, the bargaining power of the parties, and the interests of the employees.

In its decision, the Commission found that the agreement had been made in good faith and contained appropriate dispute resolution mechanisms. The Commission noted that the agreement had been negotiated over an extended period, with significant input from both parties. It also found that the agreement was fair and reasonable, taking into account the specific circumstances of the workplace. The Commission was satisfied that the agreement met all the legal requirements for approval under the Fair Work Act. The application was therefore approved, and the agreement was registered.

The final orders of the Commission included the approval and registration of the Tjapukai - Gudji Guri Enterprise Agreement 2015, and the dismissal of the opposition to the application by the CFMEU. The agreement was to be registered under the Fair Work Act, and the terms and conditions set out in the agreement would apply to the employees covered by it.

Tjapukai Pty Ltd T/A Tjapukai

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established