Application for approval of the Flip Out Enterprise Agreement 2025

[1] FO Franchising Pty Ltd (Applicant) has made an application for approval of an enterprise agreement known as the Flip Out Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement. The Agreement covers 26 employers carrying on similar business activities under the same franchise, who are franchisees of the Applicant (Employers).[1]

[2] The Employers 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[2]

[4] The Agreement does not contain a flexibility term that meets the requirements of the FW Act. Employees were asked to vote to approve the agreement after 26 February 2025. Thus, pursuant to s.202(4) and Clause 107 of Schedule 1 of the FW Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[5] Clause 24 of the Agreement provides for a delegates' rights term that is less favourable than the workplace delegates' rights term in the Fitness Industry Award 2020 (Award). Pursuant to s.205A(2) of the FW Act, clause 26A of the Award is taken to be a term of the Agreement.

[6] The Agreement includes a list of employers and employees who have signed the Agreement. This list includes signees for employers who are not the subject of this Agreement, as these companies were not operating, and had no employees at the time the vote occurred. Accordingly, pursuant to s.218A of the FW Act, I have corrected the Agreement to remove references to FO Bella Vista Pty Ltd, FO Lidcombe Pty Ltd, All Star Entertainment Corporation Pty Ltd, and AMDZ Entertainment Pty Ltd.

[7] The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 17 April 2026. The nominal expiry date of the Agreement is 31 December 2028.

[1] See Fair Work Act 2009 (Cth) s 172(5A).

[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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