Bounce Australia Pty Ltd

[2021] FWCA 7275

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bounce Australia Pty Ltd
(AG2021/8597)

BOUNCEINC ENTERPRISE AGREEMENT 2021

Amusement, events and recreation industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 22 DECEMBER 2021

Application for approval of the Bounceinc Enterprise Agreement 2021

[1] Bounce Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the Bounceinc Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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] The Agreement was approved on 22 December 2021 and, in accordance with s 54, will operate from 29 December 2021. The nominal expiry date of the Agreement is December 29 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bounce Australia Pty Ltd sought approval of the Bounceinc Enterprise Agreement 2021, with the Fair Work Commission (FWC) tasked with adjudicating on this matter. The application was brought forth by the employer, Bounce Australia, in accordance with the Fair Work Act 2009. The nature of the dispute involved the terms of the proposed agreement, which aimed to govern the employment conditions of certain employees within the company.

The central legal issues that the Commission had to determine were whether the agreement met the requirements of section 234 of the Act and whether it contained the necessary good faith bargaining provisions as stipulated in section 177. Additionally, the Commission needed to assess whether the agreement satisfied the criteria for being considered a simplified procedure agreement under section 233 of the Act.

The FWC considered the submissions from both parties and examined the content of the agreement. The Commission noted that the agreement had been developed through a process of good faith bargaining, as evidenced by the employer’s willingness to engage with the employees' representatives. The terms of the agreement were found to be fair and reasonable, and they complied with the statutory requirements for enterprise agreements. The FWC concluded that the agreement met all the necessary criteria for approval, including the good faith bargaining provisions and the simplified procedure requirements. The Commission approved the Bounceinc Enterprise Agreement 2021, allowing it to take effect as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established