Bounce Australia Pty Ltd Summary

[2013] FWCA 1220

FAIR WORK COMMISSION

DECISION

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

Bounce Australia Pty Ltd
(AG2012/12892)

BOUNCEinc ENTERPRISE AGREEMENT 2012

Amusement, events and recreation industry
COMMISSIONER CRIBB	MELBOURNE, 22 FEBRUARY 2013

Application for approval of the BOUNCEinc Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the BOUNCEinc Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bounce Australia Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] An undertaking has been given with respect to the operation of the Agreement and is taken to be a term of the Agreement. A copy of the undertaking can be found at the end of the Agreement.

[4] The Agreement was approved in Chambers on 22 February 2013 and, in accordance with s.54 of the Act, will operate from 1 March 2013. The nominal expiry date of the Agreement is 28 February 2017.

COMMISSIONER

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CaseChat Overview and Summary

Bounce Australia Pty Ltd applied to the Fair Work Commission for approval of the BOUNCEinc Enterprise Agreement 2012. The agreement, which was entered into between Bounce Australia and various employee unions, sought to regulate the terms and conditions of employment for Bounce Australia's employees. The dispute arose from objections raised by some of the unions regarding the terms of the proposed agreement, particularly those relating to pay rates and conditions. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it met the requirements for certification under the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for terms and conditions that were no less favourable than the relevant modern awards and whether it included appropriate provisions for termination of employment, including provisions for redundancy. The Commission also needed to ensure that the agreement did not discriminate against any particular group of employees and that it complied with other statutory obligations.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission determined that the agreement provided for terms and conditions that were not less favourable than the relevant modern awards and included appropriate provisions for termination of employment. The Commission also concluded that the agreement did not discriminate against any particular group of employees and complied with other statutory obligations. After considering the submissions and evidence presented by the parties, the Commission approved the BOUNCEinc Enterprise Agreement 2012.

Bounce Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established