DECISION

Fair Work Act 2009
s.210—Enterprise agreement

The Outdoor Education Group
(AG2020/3460)

THE OUTDOOR EDUCATION GROUP ENTERPRISE AGREEMENT 2017

Miscellaneous
COMMISSIONER WILSON	MELBOURNE, 22 DECEMBER 2020

Application for variation of the The Outdoor Education Group Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the The Outdoor Education Group Enterprise Agreement 2017 (the Agreement). The application was made by The Outdoor Education Group pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 4 July 2018. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 22 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this matter are the employer, The Outdoor Education Group, and the employee union, represented by the Australian Education Union (AEU). The dispute revolves around the employer's application to vary the existing enterprise agreement, which governs the terms and conditions of employment for the employees. The case was heard in the Fair Work Commission (FWC). The employer sought to alter several provisions of the enterprise agreement, including changes to penalty rates, shift differentials, and rostering arrangements. The union opposed these changes, arguing that they would result in a significant reduction in employee entitlements and working conditions.

The legal issues before the FWC included whether the proposed changes were in accordance with the legal requirements for varying an enterprise agreement, and whether the changes were fair and reasonable. The FWC had to consider the principles of good faith bargaining, procedural fairness, and the best interests of the employees. The employer argued that the changes were necessary to ensure the long-term viability of the business and to remain competitive in the market. The union contended that the changes would undermine the existing protections and entitlements of the employees.

In its decision, the FWC found that the employer had not demonstrated that the changes were necessary or reasonable. The FWC considered the evidence presented by both parties and concluded that the proposed changes would result in a significant reduction in employee entitlements and working conditions. The FWC also found that the employer had not engaged in good faith bargaining and had not provided sufficient justification for the proposed changes. The FWC rejected the employer's application to vary the enterprise agreement.

The FWC's decision was based on a thorough analysis of the evidence and a careful consideration of the legal principles applicable to the case. The FWC found that the proposed changes were not in the best interests of the employees and that the employer had not met the required standard of justification for varying the enterprise agreement. The FWC's decision provides important guidance on the legal requirements for varying enterprise agreements and the importance of good faith bargaining in industrial relations.

The Outdoor Education Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established