DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Otway Fly Pty Ltd t/a Otway Fly Treetop Adventures
(AG2016/2787)

THE OTWAY FLY ENTERPRISE AGREEMENT 2016

Amusement, events and recreation industry
COMMISSIONER LEE	MELBOURNE, 5 MAY 2016

Application for approval of The Otway Fly Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The Otway Fly Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Otway Fly Pty Ltd t/a Otway Fly Treetop Adventures. 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.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 May 2016. The nominal expiry date of the Agreement is 1 April 2019.

COMMISSIONER

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CaseChat Overview and Summary

The Otway Fly Pty Ltd, trading as Otway Fly Treetop Adventures, sought approval of their Enterprise Agreement 2016 from the Fair Work Commission. The applicant company engaged in adventure tourism services, providing canopy tours and zip-lining in the Otway Ranges. The dispute centred on the terms and conditions outlined in the proposed agreement, which the applicant wished to be legally binding for their employees. The Fair Work Commission was tasked with assessing whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved whether the agreement provided for the mandatory terms set out in the Fair Work Act and whether it had been genuinely negotiated between the employer and the employees. Additionally, the Commission had to consider whether the agreement complied with procedural fairness, including whether the employees had been adequately informed and consulted about the agreement.

The Commission found that the Enterprise Agreement 2016 provided for all the mandatory terms required by the Fair Work Act. It was determined that the agreement had been genuinely negotiated, as evidenced by the submissions and processes followed. The Commission also concluded that the procedural fairness had been observed, with adequate consultation and information provided to the employees. Therefore, the Commission approved the Enterprise Agreement 2016, finding it met all the statutory requirements for approval.

The Otway Fly Pty Ltd t/a Otway Fly Treetop Adventures

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established