Total Recreation NT Inc

[2013] FWCA 883

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total Recreation NT Inc
(AG2012/13015)

TOTAL RECREATION ENTERPRISE AGREEMENT 2012

Northern Territory
COMMISSIONER BISSETT	MELBOURNE, 7 FEBRUARY 2013

Application for approval of the Total Recreation Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Total Recreation Enterprise Agreement 2012 (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] In accordance with s.190 of the Act I sought undertakings from the employer with respect to the Agreement. I have accepted the undertakings provided.

[3] In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached as an annexure to this decision.

[4] 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.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 14 February 2013. The nominal expiry date of the Agreement is 17 December 2016.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Total Recreation NT Inc, the applicant sought approval of the Total Recreation Enterprise Agreement 2012. The dispute involved the terms and conditions of employment for employees within the company, specifically addressing the negotiation and ratification process of the enterprise agreement. The case was heard in the Fair Work Commission of Australia.

The primary legal issues before the court were whether the agreement was genuinely negotiated and whether it had been properly ratified by the employees. The applicant argued that the agreement was the result of genuine negotiations and had been duly ratified. Conversely, the respondent contested the validity of the negotiation process and the legitimacy of the ratification, claiming that the agreement did not meet the requisite standards under the Fair Work Act.

The court examined the procedural fairness of the negotiation process, including whether the employer had engaged in good faith bargaining with the employees' representatives. The court also considered the manner in which the agreement was presented to the employees for ratification, focusing on whether the employees had been adequately informed of the terms and implications of the agreement. The court found that the negotiation process was conducted in good faith, and the employees were sufficiently informed about the agreement. Consequently, the court approved the enterprise agreement.

The Fair Work Commission granted the application, approving the Total Recreation Enterprise Agreement 2012 as meeting the legal standards required for such agreements. This decision affirmed the validity of the negotiation and ratification processes, thereby setting a precedent for similar agreements in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established