Village Roadshow Theme Parks Pty Ltd

[2013] FWCA 7668

FAIR WORK COMMISSION

DECISION

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

Village Roadshow Theme Parks Pty Ltd
(AG2013/2997)

VILLAGE ROADSHOW THEME PARKS - AWU AGREEMENT 2013 - 2015

Tourism industry
COMMISSIONER ROE	MELBOURNE, 1 OCTOBER 2013

Application for approval of the Village Roadshow Theme Parks - AWU Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Village Roadshow Theme Parks - AWU Agreement 2013 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Village Roadshow Theme Parks Pty Ltd (the Applicant). 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2013. The nominal expiry date of the Agreement is 8 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Village Roadshow Theme Parks Pty Ltd applied to the Fair Work Commission for the approval of the Village Roadshow Theme Parks - AWU Agreement 2013 - 2015. The Australian Workers’ Union opposed the application. The union's primary contention was that the proposed agreement did not adequately protect the rights and interests of the employees covered by it. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to consider whether the agreement provided a safety net of minimum wages and conditions, allowed for genuine collective bargaining, and did not discriminate against employees.

The court began by considering whether the proposed agreement provided a safety net of minimum wages and conditions. It noted that the agreement contained provisions that aligned with, or exceeded, the relevant award rates and conditions. The court then examined whether the agreement allowed for genuine collective bargaining. It found that the agreement had been negotiated in good faith between the parties and that it provided for effective dispute resolution mechanisms. Finally, the court assessed whether the agreement contained any discriminatory provisions. It found that the agreement did not contain any such provisions and that it was consistent with the objectives of the Fair Work Act. Based on these findings, the court approved the Village Roadshow Theme Parks - AWU Agreement 2013 - 2015.

The final orders of the court were that the Village Roadshow Theme Parks - AWU Agreement 2013 - 2015 be approved as a registered agreement under the Fair Work Act. The agreement would apply to the employees covered by it and would remain in force until the earlier of its expiry or the making of a new registered agreement. The court also ordered that the agreement be published on the Fair Work Commission's website and that a copy be provided to the parties. This decision provides clarity on the criteria for approving enterprise agreements and the role of the Fair Work Commission in ensuring that such agreements meet the objectives of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established