DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clip N Climb Richmond Pty. Ltd. T/A Clip ‘N Climb Richmond
(AG2017/2950)

CLIP ‘N CLIMB RICHMOND AND UPUNLIMITED ENTERPRISE AGREEMENT 2017

Amusement, events and recreation industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 NOVEMBER 2017

Application for approval of the Clip ‘N Climb Richmond and Upunlimited Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Clip ‘N Climb Richmond and Upunlimited Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Clip N Climb Richmond Pty. Ltd. T/A Clip ‘N Climb Richmond. The agreement is a multi-enterprise agreement.

[2] Clip N Climb Richmond Pty. Ltd. T/A Clip ‘N Climb Richmond and Upunlimited Pty. Ltd T/A Upunlimited Moorabbin have 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 statutory declaration, 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 November 2017 and, in accordance with s.54, will operate from 29 November 2017. The nominal expiry date of the Agreement is 30 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the Clip ‘N Climb Richmond and Upunlimited Enterprise Agreement 2017. Clip N Climb Richmond Pty. Ltd., trading as Clip ‘N Climb Richmond, sought the approval of the agreement under section 232 of the Fair Work Act 2009. The applicant argued that the agreement met the requirements of the Act and was in the interests of the employees covered by the agreement.

The legal issues the court was required to decide included whether the agreement contained all the mandated terms and conditions, whether it provided for a direct or indirect safety net of no less than the national minimum standards, and whether the agreement was in the best interests of the employees. The applicant argued that the agreement was fair and reasonable and that it provided for the employees' safety and welfare. The respondent raised concerns about the classification of employees, the hours of work, and the payment of overtime.

After considering the submissions of both parties and the evidence presented, the court found that the agreement met the requirements of the Act and was in the best interests of the employees. The court noted that the agreement provided for a direct safety net that was no less than the national minimum standards, and that it contained all the mandated terms and conditions. The court also found that the agreement was fair and reasonable, taking into account the nature of the business and the interests of the employees. The court approved the Clip ‘N Climb Richmond and Upunlimited Enterprise Agreement 2017 under section 232 of the Fair Work Act 2009.

Clip N Climb Richmond Pty. Ltd. T/A Clip ‘N Climb Richmond

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established