DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Outside Ideas CLC Pty Ltd T/A Outside Ideas
(AG2015/4783)

OUTSIDE IDEAS CLC ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 SEPTEMBER 2015

Application for approval of the Outside Ideas CLC Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Outside Ideas CLC 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 Outside Ideas CLC Pty Ltd T/A Outside Ideas. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement was approved on 2 September 2015 and, in accordance with s.54, will operate from 9 September 2015. The nominal expiry date of the Agreement is 31 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Outside Ideas CLC Pty Ltd trading as Outside Ideas, sought approval for the Outside Ideas CLC Enterprise Agreement 2015. The dispute arose from the applicant's desire to formalise a new enterprise agreement that would govern the terms and conditions of employment for its employees. The legal issues before the Commission were whether the agreement complied with the relevant statutory requirements and if it met the 'better off overall' test, ensuring that no employee would be worse off under the new agreement.

The Commission examined the application to determine if the agreement was fairly negotiated and whether it contained all the mandatory terms required by the Fair Work Act. Additionally, the Commission had to assess if the agreement met the 'better off overall' test, which mandates that employees should not be disadvantaged financially under the new terms compared to their previous conditions. The Commission considered submissions from both the applicant and the relevant union, weighing the evidence and arguments presented. The reasoning provided by the Commission focused on the comprehensiveness of the agreement, its compliance with statutory obligations, and the financial implications for the employees.

Following its analysis, the Commission approved the Outside Ideas CLC Enterprise Agreement 2015, finding it to be in compliance with all statutory requirements and meeting the 'better off overall' test. The Commission determined that the agreement was fairly negotiated and contained all necessary terms, providing a clear and beneficial framework for the employees' terms and conditions of employment. This decision was made based on the evidence presented and the application's adherence to the relevant legal standards.

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