Adelaide Oval SMA Limited Summary

[2013] FWCA 5870

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Adelaide Oval SMA Limited
(AG2013/7826)

ADELAIDE OVAL SMA LTD & UNITED VOICE (CASUAL EMPLOYEES) ENTERPRISE AGREEMENT 2013-2017

Amusement, events and recreation industry
COMMISSIONER HAMPTON	ADELAIDE, 19 AUGUST 2013

Application for approval of the Adelaide Oval SMA Ltd & United Voice (Casual Employees) Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Adelaide Oval SMA Ltd & United Voice (Casual Employees) Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adelaide Oval SMA Limited and United Voice. The Agreement is a Greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the United Voice, which I note will be covered by the Agreement.

[3] On 19 August 2013 I conducted a hearing with the parties to raise a number of issues and to consider the circumstances in which it is intended that the Agreement will operate.

[4] For reasons set out in transcript, I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. Without detailing all of the relevant findings, I have found, in accordance with s.187(5)(a) of the Act that United Voice is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I have also found that the defined group of employees is fair having regard to the statutory considerations and the Agreement meets the Better Off Overall requirements of s.193 of the Act.

[5] I am also satisfied that it is in the public interest to approve the Agreement. In particular, the circumstances of the parties and the development of Adelaide Oval, and the nature of the Agreement are such that it is appropriate to approve this instrument as a Greenfields Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.7 of the instrument itself, will operate from 1 September 2013. The nominal expiry date of the Agreement is 30 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Adelaide Oval SMA Limited was the subject of an application before the Fair Work Commission for approval of the Enterprise Agreement 2013-2017 between the company and United Voice (Casual Employees). The union had argued that the agreement was fair and reasonable, while the company contested its approval. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been made in good faith, whether it was free from coercion and undue influence, and whether it met the procedural fairness standards. The Commission also needed to consider whether the agreement contained terms and conditions that were fair and reasonable, and whether it complied with the national employment standards.

The Commission found that the agreement had been made in good faith, was free from coercion and undue influence, and met procedural fairness standards. The terms and conditions were deemed fair and reasonable, and the agreement complied with the national employment standards. The Commission concluded that the application should be approved and directed that the agreement be registered. This decision was made on the basis that the agreement provided for fair and reasonable terms and conditions of employment, and met the necessary legal criteria for approval.

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