A.J. Hackett Bungy Pty Ltd trading as Cairns Bungy Centre [1998] QIRC 313 (1998) 158 QGIG 463

462 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 7 August, 1998 7 August, 1998 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 463 ########################################################## QVEENSLAND 1NDUSTR1AL RELATlO>JS COMM!SSJON Workplace Relalions Act 1997 s. l 20- application for determination of designated awards for s:ertified agreernent id. Hc,cken Bungy P!y Ud tradrng as Cair.ns Bungy Centre- (No. DA2 of 1998; COMMISSlO:SER F!SHER 29 July 1998 Application for deternUnation of des.it:nated avvards f(;r certifiL:fi a 0 rcem.ent -- Award free employees - Muliiskiae,i employees - Vanous po:;iti:ns fint Aid Certificate - Bronze Medallion -- Joh des<xiptions provided -- No award regulate,, bungy jumping - A wards considered - Theatrical Employees {Recreation Complex and Theme Park) Award 1982. 27096_!.DOC -- 1 of 2 -- 464 QUEENSLAl"{D GOVERNMENT INDUSTRIAL GAZETTE DECISION The Commission has before it an application to detennine an Award that is appropriate for the purposes of deciding whether a certified agreement passes the no-disadvantage test. The applk,ttion is made under s. l 20 of the Workplace Relations A.cl 1997 (the Act) by Mr Malcolm Robertson, Supervisor of A.J. Hackett Bungy Pty Ltd trading a5 Cairns Bungy Centre. Presently employees of the Company are Award free.. Those to be covered by the proposed Certified Agreement are currently two full-time employees, four part-lime employees and four casual employees. All employees are required to be multiskilled and to work through the various positions which include Recovery Operator, Jump Operator, Jump Master and Site Controller, Camera Operator, Reception and Host/Merchandise. Employees filling !he positimt5 a.re required to possess a First Aid Certificate and a Bronze Medallion in Lifesaving. (For the R<:.covery Operator ibe Bronze Medallion is preferred rather lhan mandatory). Job descTiptions and an explanation of the terms and conditiorh~ of employment currently applying were provided by Mr Robertson ln considering this matter, the Commission ha" examined a numbe.r of State and Federnl Awards. From this, it has become apparent that no Award regulates bungy jumping operations. Section J20(3) of the Act requires the Commission to determine an award which regulates employment conditions of employees engaged in similar kind~ of work as the persons under the proposed agreement~ Accordingly, the Commission h~ had regard to a range of Awards which may be regarded as governing a siw,i!ar type of work to that performed at the Caims Bungy Centre. The Awards l have considere..d include those which cover employees engage..:! in recreation complexes and rhemc parks where ride attendants, reception and associated staff are engaged. Although acknowledging ii. is not a perfect match, I have determined that the Theatrical Employees (Recreation Complex and Theme Park) Awa.rd, 1982, an Award of the Australiaii Industrial Relations Commission is the designated Award for AJ. Hackett Bungy Pty Ltd for the purposes of determining whether its Certified Agreement passes the no disadvantage test. Order accordingly. G.K flSHER. Commissioner. Appearances: - Mr M. Robertson ot A.J. Hackett Bungy Pty Ltd trading a$ Cairns Bungy Centte on behalf of the Company. Released: 29 July 1998 7 August, 1998 7 1998 QUEENSLAND INDUSTRIAL GAZETTE 465 -- 2 of 2 --