DECISION

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

OGC Services Pty Ltd Pty Ltd T/A OGC Services
(AG2020/1541)

OGC SERVICES PTY LTD CAMPS AND VILLAGES ENTERPRISE AGREEMENT 2020

Hospitality industry
DEPUTY PRESIDENT LAKE	BRISBANE, 10 JULY 2020

Application for approval of the OGC Services Pty Ltd Camps and Villages Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the OGC Services Pty Ltd Camps and Villages Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by OGC Services Pty Ltd Pty Ltd T/A OGC Services (the Applicant). The Agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers and correspondence was sent to the Applicant raising certain concerns regarding the Agreement. As a result, the Applicant has provided undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representatives regarding the undertakings. No views were expressed by the bargaining representatives relevant to the undertakings.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s. 190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. Subject to the matters referred to above, I am satisfied that each requirements of ss. 186, 187, 188 and 190 as are relevant for this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate form 17 July 2020. The nominal expiry date of the Agreement is 10 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

OGC Services Pty Ltd, trading as OGC Services, applied to the Fair Work Commission for the approval of the OGC Services Pty Ltd Camps and Villages Enterprise Agreement 2020. The application arose from a dispute between the employer and the employees concerning the terms and conditions of employment as outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the fair and efficient resolution of workplace disputes, whether it provided for the minimum terms and conditions as prescribed by the National Employment Standards, and whether it complied with the procedural requirements for approval under the Act. A central issue was whether the agreement appropriately balanced the interests of both the employer and the employees, particularly in light of the unique nature of the camps and villages industry.

In delivering its decision, the Commission examined the provisions of the agreement in detail, considering submissions from both parties. The Commission found that the agreement provided for the fair and efficient resolution of workplace disputes and met the requirements for minimum terms and conditions. The Commission also determined that the agreement was procedurally valid and had been made in good faith. As a result, the Commission approved the OGC Services Pty Ltd Camps and Villages Enterprise Agreement 2020.

OGC Services Pty Ltd Pty Ltd T/A OGC Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established