DECISION

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

Odyssey Gaming Services Ltd
(AG2015/458)

ODYSSEY GAMING SERVICES TECHNICIAN ENTERPRISE AGREEMENT 2014

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 18 MARCH 2015

Application for approval of the Odyssey Gaming Services Technician Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Odyssey Gaming Services Technician Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 25 March 2015. The nominal expiry date of the Agreement is 1 October 2017.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Odyssey Gaming Services Limited applied to the Fair Work Commission for approval of the Odyssey Gaming Services Technician Enterprise Agreement 2014. The applicant, a gaming company, sought to implement a new enterprise agreement to replace the existing one. The Fair Work Commission, under the Fair Work Act 2009, was tasked with determining whether the proposed agreement met the criteria for approval, including whether it was in the interests of the employees covered by the agreement.

The court had to decide whether the proposed agreement complied with the relevant provisions of the Fair Work Act. Key issues included whether the agreement allowed for proper consultation with employees, whether it included fair terms and conditions of employment, and whether it met the requirements for approval under the Act. Additionally, the court had to consider the fairness of the proposed changes to the employees' working conditions, remuneration, and other entitlements.

In its decision, the Fair Work Commission determined that the proposed agreement met the criteria for approval. The Commission found that the applicant had engaged in genuine consultation with the employees and that the agreement contained terms and conditions that were fair and reasonable. The Commission also noted that the agreement provided for appropriate protections for employees, including provisions for redundancy and other employment-related matters. The Commission approved the agreement, finding that it was in the interests of the employees and complied with the requirements of the Fair Work Act.

The Fair Work Commission ordered that the Odyssey Gaming Services Technician Enterprise Agreement 2014 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered from the date of the decision and would apply to all employees covered by the agreement. The Commission also noted that any disputes arising under the agreement would be subject to the Fair Work Act and the Commission's jurisdiction.

Odyssey Gaming Services Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established