Outside Ideas CLC Pty Ltd T/A Outside Ideas Summary

[2023] FWCA 2104

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Outside Ideas CLC Pty Ltd T/A Outside Ideas

(AG2023/1736)

OUTSIDE IDEAS ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 JULY 2023

Application for approval of the Outside Ideas Enterprise Agreement 2023

An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Outside Ideas Enterprise Agreement 2023 (Agreement).

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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, 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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 17 July 2023. The nominal expiry date of the Agreement is 10 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were Outside Ideas CLC Pty Ltd, trading as Outside Ideas, and its employees. The nature of the dispute was an application for the approval of the Outside Ideas Enterprise Agreement 2023 under the Fair Work Act 2009. The court hearing the matter was the Fair Work Commission (FWC), which has jurisdiction over enterprise agreements under the Act.

The legal issues the court had to decide were whether the enterprise agreement met the requirements of the Act, including the provisions regarding good faith bargaining, coverage, and the rights of employees. Specifically, the court had to determine whether the agreement was made in good faith, whether it covered the appropriate bargaining unit, and whether it provided for appropriate terms and conditions for the employees. The court also had to consider whether the agreement complied with the statutory minimum standards set out in the Act.

The court's reasoning and outcome were that the enterprise agreement met the requirements of the Act. The court found that the agreement was made in good faith, covered the appropriate bargaining unit, and provided for appropriate terms and conditions for the employees. The court also found that the agreement complied with the statutory minimum standards set out in the Act. Therefore, the court approved the Outside Ideas Enterprise Agreement 2023.

The final orders of the court were that the Outside Ideas Enterprise Agreement 2023 be approved as a registered agreement under the Fair Work Act 2009. The agreement will now be registered with the Fair Work Ombudsman and will be in effect from the date of registration. The employees covered by the agreement will be bound by its terms and conditions, and the employer will be required to comply with the agreement in relation to those employees.

Outside Ideas CLC Pty Ltd T/A Outside Ideas

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established