ODYSSEY GAMING SERVICES TECHNICIAN ENTERPRISE AGREEMENT 2025

Application for approval of the Odyssey Gaming Services Technician Enterprise Agreement 2025

[1] This decision deals with an application made for approval of an enterprise agreement known as the Odyssey Gaming Services Technician Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Odyssey Gaming Limited trading as Odyssey Gaming Services (the Applicant). The Agreement is a single enterprise agreement.

[2] The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]

[3] There was an issue raised with the Commission that at least one employee who was eligible to vote on the Agreement was not given the opportunity to do so. The Commission raised this with the Applicant and it became apparent that there were in fact two employees who commenced after the NERR was issued but before the voting occurred who were not given an opportunity to vote on the Agreement. On the material before me I find that two employees should have been given an opportunity to vote as they were engaged during the access period or on the day of the vote. However, I find that by reference to the evidence before me as to the vote that occurred, that whether those two employees voted in favour of the approval of the agreement, voted against it, or otherwise abstained, the Agreement would still have been approved by a majority of eligible employees who cast a valid vote. Hence, having regard to the submissions of the Applicant and the evidence before me, I find that this error constitutes a minor procedural and/or technical error in accordance with s.188(2) of the Act.[2] I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this issue.[3] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.[4]

[4] The Agreement does not contain a delegates' rights term, pursuant to s.205A, and on that basis the term in the relevant modern award will apply.

[5] The Applicant has provided written undertakings. 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.

[6] 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.

[7] Pursuant to s.190(3) of the Act, I accept the undertakings.

[8] Subject to the undertakings referred to above, having regard to the Statement of Principles,[5] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss.186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

[9] The Agreement is approved and will operate from 17 March 2026. The nominal expiry date of the Agreement is 2 March 2028.

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318 [117].

[2] Kingston City Council T/A King City Council [2020] FWCA 2323, at [49].

[3] Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.

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

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