Application by iFLY Australia Pty Ltd
Citation: [2026] FWCA 2386
What happened
iFLY Australia Pty Ltd sought approval for the iFLY Australia Enterprise Agreement 2026. The Australian Workers’ Union (AWU) was a bargaining representative. Concerns arose regarding whether the agreement satisfied the Better Off Overall Test (BOOT). The employer provided undertakings to address these concerns. The agreement covers employees in the amusement, events and recreation industry.
What was decided
The Fair Work Commission approved the iFLY Australia Enterprise Agreement 2026, subject to certain undertakings from the employer. These undertakings address concerns about the BOOT and are now legally binding terms of the agreement. A flexibility term in the original agreement did not comply with the Fair Work Act, so the model flexibility term is now incorporated. The AWU is covered by the agreement.
What it means for employers
Employers should ensure enterprise agreements satisfy the Better Off Overall Test (BOOT). They must address any concerns raised during the approval process, potentially through undertakings. Agreements must also comply with flexibility term requirements, or the model term will be applied.
What it means for employees
Employees should be aware of the terms of their enterprise agreement, including any undertakings made by the employer. The AWU is covered by this agreement, meaning its members benefit from its terms.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections