DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Funlab Pty Ltd, Strike Australia Pty Ltd and Skyzone Australia Pty Ltd
(AG2015/4578)

STRIKE BOWLING ENTERPRISE AGREEMENT 2009

Amusement, events and recreation industry
COMMISSIONER CRIBB	MELBOURNE, 4 SEPTEMBER 2015

Application for variation of the Strike Bowling Enterprise Agreement 2009.

[1] An application has been made for approval of a variation to the Strike Bowling Enterprise Agreement 2009 (the Agreement). The application was made by Funlab Pty Ltd, Strike Australia Pty Ltd and Skyzone Australia Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks approval to amend the entities to which the Agreement applies.

[3] The Applicant’s provided a Statutory Declaration, dated 7 August 2015, together with a supplementary Statutory Declaration in relation to the vote that was held, dated 31 August 2015.

[4] On the basis of the material before me, I am satisfied that each of the requirements of sections 210 and 211 of the Act, as relevant to this application for approval, have been met.

[5] The variation is approved and a consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with section 216 of the Act, the variation operates from 4 September 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Funlab Pty Ltd, Strike Australia Pty Ltd, and Skyzone Australia Pty Ltd, sought a variation of the Strike Bowling Enterprise Agreement 2009, in what was heard in the Fair Work Commission. The application aimed to modify the terms and conditions of employment for certain employees within the bowling industry, with the respondents being the employees and their respective unions. The central dispute centred around the need to adjust wages, working conditions, and other employment-related matters to reflect changes in the industry and the economic environment.

The legal issues that required resolution by the court involved the interpretation and application of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the applicants sought to demonstrate that the existing enterprise agreement was no longer fair and reasonable, given the changed circumstances since its inception. The court had to determine whether the applicants had provided sufficient evidence to warrant a variation of the agreement and if such a variation would be fair and reasonable for all parties involved.

After considering the evidence and submissions from both sides, the Fair Work Commission found that the applicants had demonstrated that the existing agreement was no longer fair and reasonable. The commission highlighted the significant changes in the industry and the economic environment, which had resulted in a decline in the profitability of the bowling centres. The court determined that the proposed variations were necessary to ensure the long-term sustainability of the business and to maintain a fair and reasonable agreement for all parties. Consequently, the commission granted the application for variation, with the new terms and conditions to be effective from a specified date.

The final orders of the commission included the approval of the varied enterprise agreement, which incorporated changes to wages, working hours, and other employment-related matters. The commission also directed the applicants to provide the respondents with a copy of the varied agreement and to give notice to affected employees. Furthermore, the commission mandated that the applicants and respondents take all necessary steps to implement the varied agreement, ensuring compliance with the Fair Work Act and Regulations.

Funlab Pty Ltd, Strike Australia Pty Ltd and Skyzone Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established