DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Outdoor Education Group
(AG2017/6067)

THE OUTDOOR EDUCATION GROUP ENTERPRISE AGREEMENT 2017

Miscellaneous
COMMISSIONER WILSON	MELBOURNE, 4 JULY 2018

Application for approval of The Outdoor Education Group Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as The Outdoor Education Group Enterprise Agreement 2017 (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.

[2] The Applicant 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2018. The nominal expiry date of the Agreement is 4 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Outdoor Education Group, represented by the applicant, brought an application before the Fair Work Commission, seeking approval of the Outdoor Education Group Enterprise Agreement 2017. The applicant argued that the agreement was fair and appropriate for the employees, whereas the respondents, representing the employees, contended that the agreement was unfair and should not be approved. The case involved the interpretation and application of various provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The primary legal issue before the court was whether the agreement contained in the application met the criteria for approval as outlined in the Fair Work Act 2009. Specifically, the court had to determine if the agreement was fair and appropriate, taking into account factors such as the nature of the enterprise, the employees' needs and circumstances, and the principles of good faith bargaining and procedural fairness. The court also had to consider whether the agreement complied with the relevant provisions of the Fair Work Regulations 2009.

In reaching its decision, the court considered the arguments presented by both parties and examined the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The court found that the agreement met the criteria for approval and was fair and appropriate for the employees. The court noted that the agreement provided for reasonable working conditions, including appropriate pay and leave provisions, and that it had been negotiated in good faith and in accordance with the relevant legal requirements. The court also found that the agreement complied with the relevant provisions of the Fair Work Regulations 2009.

The court approved the Outdoor Education Group Enterprise Agreement 2017, finding that it was fair and appropriate for the employees. The court ordered that the agreement be registered with the Fair Work Commission and that it come into effect on the date specified in the agreement. The respondents were given the right to apply for a review of the decision within 21 days of the decision being made.

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