DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Latitude Australia Holdings Pty Ltd
(AG2015/3857)

LATITUDE ENTERPRISE AGREEMENT 2015

Amusement, events and recreation industry
COMMISSIONER CRIBB	MELBOURNE, 12 OCTOBER 2015

Application for approval of the Latitude Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Latitude Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Latitude Australia Holdings Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to clause 11 and 14.2(b) and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertaking referred to above, 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.

[4] The Agreement was approved in Chambers on 12 September 2015 and, in accordance with s.54 of the Act, will operate from 19 September 2015. The nominal expiry date of the Agreement is 18 September 2019.

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application by Latitude Australia Holdings Pty Ltd for approval of the Latitude Enterprise Agreement 2015, the Fair Work Commission (FWC) was tasked with determining whether the agreement met the criteria for registration under the Fair Work Act 2009. The applicant, a financial services company, sought to register the proposed enterprise agreement, which had been negotiated with the Australian Services Union (ASU), representing the company's employees. The dispute centred on whether the agreement adequately provided for the employees' working conditions and terms of employment, including pay rates, hours of work, leave entitlements, and other relevant provisions.

The primary legal issue for the FFW to address was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the FFW needed to ascertain whether the agreement provided for the employees' minimum entitlements, including the safety net of minimum wages and conditions, and whether it had been genuinely negotiated. The FFW also had to consider whether the agreement complied with the statutory requirements for the disclosure of relevant information and whether it had been certified by an independent certifier.

The FFW determined that the proposed enterprise agreement was compliant with the Fair Work Act. The commission found that the agreement provided for the employees' minimum entitlements and had been genuinely negotiated between the parties. Furthermore, the FFW concluded that the agreement complied with the statutory requirements for the disclosure of relevant information and had been certified by an independent certifier. Consequently, the FFW approved the registration of the Latitude Enterprise Agreement 2015, finding that it met the criteria for registration under the Fair Work Act.

Latitude Australia Holdings 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