DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Outside Ideas CLC Pty Ltd T/A Outside Ideas
(AG2018/4909)

OUTSIDE IDEAS ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 MARCH 2019

Application for approval of the Outside Ideas Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Outside Ideas Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Outside Ideas CLC Pty Ltd T/A Outside Ideas. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 6 March 2019 and, in accordance with s.54, will operate from 13 March 2019. The nominal expiry date of the Agreement is 5 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Outside Ideas CLC Pty Ltd, trading as Outside Ideas, applied to the Fair Work Commission for approval of the Outside Ideas Enterprise Agreement 2018. The applicants sought to have the agreement approved under section 234 of the Fair Work Act 2009. The application involved determining whether the agreement met the requirements for approval, including the provisions on wages, hours of work, and other terms and conditions of employment.

The legal issues before the Fair Work Commission included whether the agreement provided for the proper determination of terms and conditions of employment, and whether it included the minimum entitlements set out in the National Employment Standards. The Commission also needed to consider whether the agreement was fair and whether it had been made in good faith.

The Fair Work Commission found that the agreement provided for the proper determination of terms and conditions of employment and included all the minimum entitlements required by the National Employment Standards. The Commission was satisfied that the agreement had been made in good faith and was fair. The Commission approved the agreement, noting that it provided for reasonable terms and conditions that were appropriate for the employees of Outside Ideas.

The Fair Work Commission approved the Outside Ideas Enterprise Agreement 2018, determining that it met the requirements for approval under the Fair Work Act 2009. The agreement was registered by the Commission, and it would now apply to the employees covered by the agreement.

Outside Ideas CLC Pty Ltd T/A Outside Ideas

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established