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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CaseChat Overview and Summary

In the case of Otto Holdings (Aust.) Pty Limited T/A BridgeClimb Sydney, the Fair Work Commission was asked to approve a proposed enterprise agreement between the company and its employees. The agreement, known as the BridgeClimb Enterprise Agreement 2015, contained various terms and conditions for the employees' employment, including wages, hours of work, and other workplace arrangements. The dispute arose as the employees sought to have the agreement approved and implemented, while the company argued that certain aspects of the agreement should be rejected.

The legal issues before the Commission centred around whether the proposed agreement was in compliance with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement met the requirements for a "good faith" bargaining process, and whether the agreement contained provisions that were contrary to public policy or otherwise invalid. Additionally, the Commission needed to determine whether the agreement was fair and reasonable, and whether it provided for appropriate protections for employees.

In its decision, the Commission found that the agreement was generally in compliance with the requirements of the Fair Work Act. The Commission noted that the agreement had been negotiated in good faith and contained provisions that were fair and reasonable for both the employees and the employer. While the Commission found some minor issues with certain provisions of the agreement, these were not considered significant enough to invalidate the entire agreement. As a result, the Commission approved the BridgeClimb Enterprise Agreement 2015, and it was implemented from the date of the decision.

The Fair Work Commission approved the BridgeClimb Enterprise Agreement 2015, finding that it was a fair and reasonable agreement that had been negotiated in good faith. The Commission's decision was based on its assessment of the agreement's compliance with the relevant provisions of the Fair Work Act, as well as its consideration of the overall fairness and reasonableness of the agreement's terms and conditions.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established