DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 15 Sch. 3—Termination of transitional instrument

Application by Odyssey Gaming Services Pty Ltd T/A Odyssey Gaming Services
(AG2019/7)

SENIOR DEPUTY PRESIDENT HAMBERGER

SYDNEY, 1 FEBRUARY 2019

Application for termination of the Odyssey Gaming Technology Ltd and its’ Help Desk/Clerical Employees Certified Agreement 2004.

[1] On 2 January 2019, Odyssey Gaming Services Pty Ltd t/a Odyssey Gaming Services applied to terminate the Odyssey Gaming Technology Ltd and its Help Desk/Clerical Employees Certified Agreement 2004 (the Agreement) under item 15 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 15 of schedule 3 of the TPCA Act provides that Subdivision C of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument. Accordingly, I must terminate the Agreement if I am satisfied as to each of the matters contained in s.223 of the Act.

[3] Having considered, and being satisfied as to each of the matters contained in s.223 of the Act, the Agreement is terminated. The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Odyssey Gaming Services Pty Ltd, trading as Odyssey Gaming Services, made an application to the Fair Work Commission for the termination of the Odyssey Gaming Technology Ltd and its Help Desk/Clerical Employees Certified Agreement 2004. The application was based on the argument that the agreement had become redundant and was no longer relevant to the current workforce. The legal issues before the court centred on whether the certified agreement could be terminated and if the current workforce had transitioned to a point where such an agreement was no longer necessary. The court examined the circumstances surrounding the application, including the changes in the workforce, the relevance of the agreement, and the implications of terminating the certified agreement.

The court considered the application in light of the Fair Work Act and relevant case law. It found that the workforce had indeed undergone significant changes since the agreement was certified, rendering it largely irrelevant to the current employment conditions. The court also noted that the parties had not been able to reach an agreement on the terms of a new enterprise agreement, further supporting the termination of the old agreement. The court determined that the certified agreement could be terminated as it no longer served the needs of the workforce or the employer. This decision was based on the principle that certified agreements must reflect the current employment landscape and be relevant to the parties involved.

The court's decision was to terminate the Odyssey Gaming Technology Ltd and its Help Desk/Clerical Employees Certified Agreement 2004, effective from the date of the decision. The termination was intended to allow for a more relevant and current enterprise agreement to be negotiated between the parties. This outcome was seen as necessary to ensure that the employment conditions accurately reflected the current workforce and the operational needs of the employer. The court's ruling provided clarity and a pathway for the parties to move forward with negotiations for a new enterprise agreement.

Application by Odyssey Gaming Services Pty Ltd T/A Odyssey Gaming Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established