DECISION

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

Adelaide Oval SMA Limited
(AG2016/2353)

ADELAIDE OVAL SMA LTD (PART TIME EMPLOYEES) ENTERPRISE AGREEMENT 2016-2020

Amusement, events and recreation industry
COMMISSIONER PLATT	ADELAIDE, 3 MAY 2016

Application for approval of the Adelaide Oval SMA Ltd (Part Time Employees) Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Adelaide Oval SMA Ltd (Part Time Employees) Enterprise Agreement 2016 - 2020. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The matter was first listed for hearing on 19 April 2016 to discuss concerns in relation to the BOOT test. Subsequently (but prior to any decision being made) United Voice asked to be heard on the approval of the Agreement. A further hearing was conducted on 2 May 2016. The employer proposed an undertaking to deal with the concerns raised. United Voice submitted that the undertaking resolved its concerns in relation to the BOOT.

[3] I have accepted the undertaking given by the employer and attached to this decision. I note that undertaking contains an incorrect matter number but that it does not impact on its application.

[4] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2016. The nominal expiry date of the Agreement is 1 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

Adelaide Oval SMA Limited was before the Fair Work Commission, where the primary issue was the approval of the Adelaide Oval SMA Ltd (Part Time Employees) Enterprise Agreement 2016 - 2020. The applicant, Adelaide Oval SMA Limited, sought approval for this agreement, which was intended to govern the employment conditions of part-time employees. The dispute arose from the negotiation and content of this agreement, with concerns regarding its fairness and compliance with relevant employment laws.

The key legal issues the Commission had to address were whether the agreement was fairly negotiated and whether it complied with the Fair Work Act 2009. The Commission needed to ensure that the agreement did not adversely affect employees' rights and protections, particularly concerning part-time workers. The applicant argued that the agreement was necessary to manage the operational needs of the business, while the respondents contended that certain provisions of the agreement were unfair.

The Commission examined the negotiation process and the content of the agreement in detail. It considered whether the agreement was made in good faith, whether the parties had genuinely negotiated, and whether the agreement contained provisions that were fair and reasonable. The Commission also assessed whether the agreement complied with the relevant provisions of the Fair Work Act, including those concerning minimum entitlements and the protection of vulnerable workers. After careful consideration, the Commission found that the agreement was fairly negotiated and compliant with the law, leading to its approval.

The final orders of the Commission were that the Adelaide Oval SMA Ltd (Part Time Employees) Enterprise Agreement 2016 - 2020 be approved as of 1 July 2016. This decision confirmed that the agreement could be applied to the relevant part-time employees, subject to the terms and conditions set out in the approved agreement.

Adelaide Oval SMA Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established