| [2024] FWCA 2978 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Wilderness Escape Outdoor Adventures Pty Ltd T/A Wilderness Escape Outdoor Adventures
(AG2024/2558)
THE WILDERNESS GROUP ENTERPRISE AGREEMENT 2024
| Miscellaneous | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 13 AUGUST 2024 |
Application for approval of The Wilderness Group Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as The Wilderness Group Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 20 August 2024. The nominal expiry date of the Agreement is 12 August 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE525787 PR778254>
Annexure A
- AGLC
- Wilderness Escape Outdoor Adventures Pty Ltd T/A Wilderness Escape Outdoor Adventures [2024] FWCA 2978
- Case
- [2024] FWCA 2978
- Decision Date
CaseChat Overview and Summary
The central legal issues revolved around whether the proposed agreement provided for fair and reasonable terms and conditions, including pay and conditions, and whether it complied with the procedural requirements of the Fair Work Act. Key considerations included whether the agreement was made in good faith, whether it provided for the proper classification and remuneration of employees, and whether it included necessary provisions for dispute resolution and employee protection. Additionally, the Commission examined whether the appropriate consultation processes had been followed and whether the agreement was genuinely negotiated between the employer and the employees' representatives.
In rendering its decision, the Fair Work Commission found that the proposed agreement met the necessary legal standards for approval. The Commission determined that the agreement was made in good faith and provided for fair and reasonable terms and conditions for employees. It also found that the consultation processes were appropriate and that the agreement was genuinely negotiated. The Commission was satisfied that the proposed agreement complied with all relevant provisions of the Fair Work Act and was in the best interests of the employees.
Accordingly, the Fair Work Commission approved The Wilderness Group Enterprise Agreement 2024. This decision sets the terms and conditions of employment for the employees of Wilderness Escape Outdoor Adventures, effective from the date of approval. The agreement now serves as the legally binding enterprise agreement for the parties involved.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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