Adelaide Oval SMA Limited Summary

[2014] FWCA 9367

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement
Adelaide Oval SMA Limited
(AG2014/10373)
ADELAIDE OVAL SMA LTD & UNITED VOICE (CASUAL
EMPLOYEES) ENTERPRISE AGREEMENT 2013-2017
Amusement, events and recreation industry
COMMISSIONER HAMPTON	ADELAIDE, 22 DECEMBER 2014

Application for variation of the Adelaide Oval SMA Ltd & United Voice (Casual Employees)

Enterprise Agreement 2013-2017.

[1] An application has been made for approval of a variation to an enterprise agreement

known as the Adelaide Oval SMA Ltd & United Voice (Casual Employees) Enterprise

Agreement 2013-2017 (the Agreement). The Agreement is a single enterprise agreement. This

application was made by the employer, Adelaide Oval SMA Limited pursuant to s.210 of the

Fair Work Act 2009 (the Act).

[2] United Voice, which is covered by the Agreement, supports the application.
[3] The application seeks approval of the following variations to the Agreement:
 Clause 5 - Relationship to Modern Award deleted and a new provision
inserted;

 Clause 6 - Area of Operation deleted and a new provision inserted.
[4] I have considered the application and accompanying supporting declarations and

material. I am satisfied that each of the requirements of ss.210 and 211 of the Act as relevant

to this application for approval have been met.

[5] The variation to the Agreement is approved and will operate from 22 December 2014.
[6] A consolidated version of the Agreement, as varied, is attached to this decision.

[2014] FWCA 9367

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CaseChat Overview and Summary

Adelaide Oval SMA Limited, the employer, applied for approval of a variation to the Adelaide Oval SMA Ltd & United Voice (Casual Employees) Enterprise Agreement 2013-2017, under section 210 of the Fair Work Act 2009. The application was supported by United Voice, which is covered by the Agreement. The proposed variations involved the deletion of Clause 5 and Clause 6, and the insertion of new provisions in their place. The application was heard by Commissioner Hampton in Adelaide on 22 December 2014.

The legal issues before the court were whether the application met the requirements of sections 210 and 211 of the Fair Work Act 2009, and whether the variations proposed in the application were fair and reasonable. The court considered the application and the accompanying supporting declarations and material, and found that all requirements had been met. The court was satisfied that the variations were fair and reasonable, and approved the application. The variations will operate from 22 December 2014.

The court's decision was based on the fact that the application had been made in good faith and met the requirements of the Fair Work Act 2009. The court found that the variations proposed in the application were fair and reasonable, and would not have an adverse effect on the employees covered by the Agreement. The court also noted that United Voice, which is covered by the Agreement, supported the application. A consolidated version of the Agreement, as varied, is attached to this decision.

The final orders of the court were that the variation to the Agreement is approved and will operate from 22 December 2014. A consolidated version of the Agreement, as varied, is attached to this decision. The court's decision is final and binding on the parties.

Adelaide Oval SMA Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established