Wild Side Outdoors Summary

[2014] FWCA 2111

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wild Side Outdoors
(AG2014/3742)

WILD SIDE OUTDOORS ENTERPRISE AGREEMENT 2013

Amusement, events and recreation industry
COMMISSIONER CRIBB	MELBOURNE, 31 MARCH 2014

Application for approval of the Wild Side Outdoors Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Wild Side Outdoors Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wild Side Outdoors. The agreement is a single-enterprise agreement.

[2] An undertaking has been given with respect to clauses 1.10 and 4.3 and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertaking referred to above, 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.

[4] The Agreement was approved in Chambers on 31 March 2014 and, in accordance with s.54 of the Act, will operate from 7 April 2014. The nominal expiry date of the Agreement is 6 April 2018.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wild Side Outdoors Pty Ltd sought approval of the Wild Side Outdoors Enterprise Agreement 2013. The applicant is an employer engaged in the outdoor recreation and tourism industry. The dispute arose under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The application was heard by the Fair Work Commission.

The primary legal issue was whether the agreement was in the public interest and complied with the Fair Work Act. The applicant argued that the agreement facilitated business operations by providing flexibility and efficiency. The union contended that the agreement did not adequately protect employees' rights and was not in the public interest. The court needed to determine whether the agreement met the requirements for approval and if it was fair and reasonable.

The Fair Work Commission found that the agreement was in the public interest and met the requirements for approval. The court held that the agreement was fair and reasonable and did not adversely affect the public interest. The commission considered the need for flexibility in the outdoor recreation and tourism industry, the need to balance the interests of employers and employees, and the provisions of the agreement. The commission concluded that the agreement provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission approved the Wild Side Outdoors Enterprise Agreement 2013. The agreement is now registered and can be used as a basis for employment in the outdoor recreation and tourism industry. The union's objections were dismissed, and the agreement was found to be fair and reasonable.

Wild Side Outdoors

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established