DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OpenTable Australia Pty Ltd T/A OpenTable
(AG2016/7185)

OPENTABLE NATIONAL ENTERPRISE AGREEMENT 2016

Business equipment industry
COMMISSIONER ROE	MELBOURNE, 17 JANUARY 2017

Application for approval of the OpenTable National Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the OpenTable National Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by OpenTable Australia Pty Ltd T/A OpenTable. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 17 January 2017 and, in accordance with s.54, will operate from 24 January 2017. The nominal expiry date of the Agreement is 17 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

OpenTable Australia Pty Ltd, trading as OpenTable, applied to the Fair Work Commission for approval of the OpenTable National Enterprise Agreement 2016. The dispute was brought before the Fair Work Commission, an Australian federal statutory body responsible for the resolution of employment-related issues. The application for approval sought to confirm the terms and conditions of employment for staff covered by the proposed agreement, including wages, hours of work, leave provisions, and other employment-related matters.

The primary legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, and if it met the requirements for a 'single, clear and comprehensible' document as required under the Act. Specifically, the Commission had to determine if the agreement provided fair and clear terms and conditions of employment and if it was appropriately negotiated.

The Fair Work Commission found that the agreement was generally clear and comprehensible, with a few minor issues that did not significantly detract from the overall clarity. The Commission noted that while there were some areas of ambiguity, these did not undermine the fairness or comprehensibility of the agreement. The Commission also determined that the agreement had been appropriately negotiated and met the necessary legal standards for approval. Consequently, the Commission approved the application for the agreement's registration.

The Fair Work Commission approved the OpenTable National Enterprise Agreement 2016, confirming its registration under the Fair Work Act 2009. This decision ensures that the terms and conditions of employment outlined in the agreement are legally binding for the parties involved.

OpenTable Australia Pty Ltd T/A OpenTable

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established