Absolute Outdoors Pty Ltd

[2019] FWCA 6645

[2019] FWCA 6645

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Absolute Outdoors Pty Ltd
(AG2019/3082)

ABSOLUTE OUTDOORS ENTERPRISE AGREEMENT 2019

Amusement, events and recreation industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 SEPTEMBER 2019

Application for approval of the Absolute Outdoors Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Absolute Outdoors Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Absolute Outdoors Pty Ltd. The Agreement is a single enterprise Agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Notice of Employee Representational Rights contained material not conferred by the Notice. I am satisfied that this constitutes a minor procedural or technical error capable of being waived pursuant to s.188(2) of the Act; and the employees covered by the Agreement were not likely to have been disadvantaged by the error.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2019. The nominal expiry date of the Agreement is 2 October 2022.

DEPUTY PRESIDENT

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Annexure A