The Outdoor Education Group Summary

[2024] FWCA 1565

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Outdoor Education Group

(AG2024/1111)

APPLICATION FOR APPROVAL OF THE OUTDOOR EDUCATION GROUP ENTERPRISE AGREEMENT 2024

Miscellaneous
COMMISSIONER LEE	MELBOURNE, 29 APRIL 2024

Application for approval of the Outdoor Education Group Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Outdoor Education Group Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Outdoor Education Group. The Agreement is a single enterprise 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 6 May 2024. The nominal expiry date of the Agreement is 29 April 2028.

COMMISSIONER
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Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Outdoor Education Group, an applicant, applied for the approval of the Outdoor Education Group Enterprise Agreement 2024. The respondents were the Outdoor Education Group Employees Union and the Outdoor Education Group. The dispute centred on the terms and conditions of employment contained within the proposed enterprise agreement. The applicants sought approval for the agreement, which included provisions related to wages, hours of work, leave entitlements, and other employment conditions. The respondents raised objections to certain clauses, particularly those relating to pay rates and shift patterns.

The legal issues before the Commission involved determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, whether it was free from coercion and undue influence, and whether it complied with the provisions of the Fair Work Act. The Commission also had to assess whether the agreement contained any terms that were inconsistent with the National Employment Standards or the applicable awards.

In assessing the application, the Commission examined the submissions and evidence provided by both parties. The Commission considered the nature of the work performed by the employees, the bargaining positions of the parties, and the broader economic context. The Commission found that the proposed agreement contained terms that were fair and reasonable, provided that certain amendments were made to address the respondents' concerns. The Commission made orders approving the agreement with the specified amendments, ensuring that it complied with the statutory requirements for approval.

The Outdoor Education Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established