DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Outside Ideas Victoria Pty Ltd
(AG2015/7421)

OUTSIDE IDEAS VICTORIA ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 DECEMBER 2015

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

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

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 9 December 2015 and, in accordance with s.54, will operate from 16 December 2015. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Outside Ideas Victoria Pty Ltd sought approval of the Outside Ideas Victoria Enterprise Agreement 2015. The applicant, a not-for-profit organisation that provides mental health services, argued that the agreement should be approved as it was a fair and reasonable enterprise agreement for the purposes of the Fair Work Act 2009. The Fair Work Commission was the court tasked with reviewing the application.

The central legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act, specifically whether it was a "simple, fair and portable" agreement. The Commission considered whether the agreement contained the appropriate employee protections and benefits, and whether it aligned with the principles of the national workplace relations system.

The Commission found that the agreement was fair and reasonable. It concluded that the agreement provided adequate protections and benefits for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. Furthermore, the Commission determined that the agreement was simple, portable, and aligned with the broader objectives of the national workplace relations system. As such, the Commission approved the application for the agreement to be registered.

The Fair Work Commission approved the Outside Ideas Victoria Enterprise Agreement 2015. The agreement was registered as a registered agreement under the Fair Work Act 2009, effective from the date of the decision.

Outside Ideas Victoria Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established