Odyssey Gaming Services Pty Limited Summary

[2022] FWCA 1820

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Odyssey Gaming Services Pty Limited

(AG2022/1607)

Odyssey Gaming Services Technician Enterprise Agreement 2022

Technical services
COMMISSIONER SPENCER	BRISBANE, 3 JUNE 2022

Application for approval of the Odyssey Gaming Services Technician Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Odyssey Gaming Services Technician Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Odyssey Gaming Services Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2022. The nominal expiry date of the Agreement is 3 June 2025.

COMMISSIONER

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CaseChat Overview and Summary

The Fair Work Commission considered an application for approval of the Odyssey Gaming Services Technician Enterprise Agreement 2022. The applicant, Odyssey Gaming Services Pty Limited, sought approval of the agreement which was negotiated between the company and the United Voice union. The union represented the interests of technicians employed by the applicant. The dispute centred around the terms and conditions of employment for the technicians, including wages, hours of work, and other employment-related matters.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the coverage of the agreement, the bargaining process, and the fairness of the terms and conditions. The Commission had to determine if the agreement was made in good faith, if it was fairly negotiated, and if the terms and conditions were reasonable. Additionally, the Commission considered whether the agreement provided for the proper operation of businesses and if it would promote harmonious, productive, and cooperative workplace relations.

The Commission found that the agreement was made in good faith and was fairly negotiated. It was noted that the bargaining process was conducted in a manner that was transparent and inclusive, with both parties demonstrating a commitment to reaching a resolution. The terms and conditions of the agreement were considered to be reasonable, providing for fair wages and conditions for the technicians. The Commission was satisfied that the agreement would promote harmonious, productive, and cooperative workplace relations and facilitate the proper operation of businesses.

The Commission approved the Odyssey Gaming Services Technician Enterprise Agreement 2022, effective from 1 April 2022. The approval was subject to the condition that the applicant must provide the union with any information required by the Fair Work Act within the specified timeframes. This decision ensures that the terms and conditions of employment for the technicians are governed by a legally approved agreement, providing stability and certainty for both the employees and the employer.

Odyssey Gaming Services Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established