Ottto Holdings (Aust.) Pty Limited T/A BridgeClimb Sydney

[2015] FWCA 5915

[2015] FWCA 5915

FAIR WORK COMMISSION

DECISION

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

Ottto Holdings (Aust.) Pty Limited T/A BridgeClimb Sydney
(AG2015/4320)

BRIDGECLIMB ENTERPRISE AGREEMENT 2015

Amusement, events and recreation industry
COMMISSIONER CAMBRIDGE	SYDNEY, 28 AUGUST 2015

Application for approval of the BridgeClimb Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the BridgeClimb 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 Ottto Holdings (Aust.) Pty Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 14 August 2015. The application included a Statutory Declaration of Michael Trafford made on behalf of the Employer and dated 14 August 2015 (the Declaration). The Declaration stated that the Agreement was made on 6 August 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 28 August 2015. I note that the file has included a Statutory Declaration of Paul Murphy made on behalf of the Media, Entertainment and Arts Alliance (the MEAA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 6.6 and a consultation term at clause 6.5.

[6] 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.

[7] The MEAA, 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 subsection 201 (2) of the Act I note that the Agreement covers the MEAA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 4 September 2015. The nominal expiry date of the Agreement as indicated in clause 1.3 (b) of the Agreement, and adjusted to comply with s. 186 (5) of the Act, is 28 August 2019.

COMMISSIONER

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