DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Great Ocean Road Coast Committee Inc.
(AG2016/6334)

GREAT OCEAN ROAD COAST COMMITTEE ENTERPRISE AGREEMENT 2016 - 2019

Hospitality industry
COMMISSIONER GREGORY	MELBOURNE, 17 OCTOBER 2016

Application for approval of the Great Ocean Road Coast Committee Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Great Ocean Road Coast Committee Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Great Ocean Road Coast Committee Inc. 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] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Great Ocean Road Coast Committee Inc., sought approval of the Enterprise Agreement 2016-2019 from the Fair Work Commission. The agreement related to the terms and conditions of employment of certain employees. The respondent, the Victorian Trades Hall Council, opposed the application, arguing that the proposed agreement did not meet the requirements for approval under the Fair Work Act. The case was heard by the Fair Work Commission.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the statutory requirements for approval. The respondent contended that the agreement did not meet the "better off overall test" (BOOT) as required by the Fair Work Act. This test requires that employees be no worse off and at least some employees be better off financially under the new agreement compared to their previous conditions. The applicant argued that the proposed agreement did meet these criteria.

In its decision, the Fair Work Commission found that the proposed agreement did satisfy the BOOT test. The Commission considered the evidence provided by both parties, including expert financial analysis and submissions from the applicant and the respondent. The Commission concluded that the proposed agreement would result in some employees being better off overall while ensuring no employee was worse off financially. The Commission approved the proposed agreement, noting that it provided for a fair and reasonable set of terms and conditions for the employees involved.

The Fair Work Commission approved the Great Ocean Road Coast Committee Enterprise Agreement 2016-2019, confirming its compliance with the statutory requirements for approval under the Fair Work Act.

Great Ocean Road Coast Committee Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established