DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AEG Ogden (Cairns) Pty Ltd T/A Cairns Convention Centre
(AG2016/5523)

AEG OGDEN (CAIRNS) PTY LTD – ENTERPRISE AGREEMENT 2016

Amusement, events and recreation industry
COMMISSIONER GREGORY	MELBOURNE, 10 OCTOBER 2016

Application for approval of the AEG Ogden (Cairns) Pty Ltd - ENTERPRISE AGREEMENT 2016.

[1] An application has been made for approval of an enterprise agreement known as the AEG Ogden (Cairns) Pty Ltd - ENTERPRISE AGREEMENT 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AEG Ogden (Cairns) Pty Ltd T/A Cairns Convention Centre. The Agreement is a single enterprise agreement.

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

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, AEG Ogden (Cairns) Pty Ltd, trading as the Cairns Convention Centre, applied to the Fair Work Commission for the approval of the Enterprise Agreement 2016. The agreement sought to establish the terms and conditions of employment for employees working in the Cairns Convention Centre. The application was opposed by the Australian Services Union, which raised several objections regarding the fairness and appropriateness of the proposed agreement.

The primary legal issue before the court was whether the Enterprise Agreement 2016 was in the public interest and whether it met the statutory requirements for approval under the Fair Work Act 2009. The court was required to assess the fairness of the agreement, taking into account the views of the employees, the employer, and any relevant public interest considerations. The court had to determine whether the agreement provided for appropriate terms and conditions of employment, including wages, hours of work, leave entitlements, and other employment-related matters.

The court considered the evidence and submissions presented by both parties. It examined the content of the Enterprise Agreement 2016 and assessed whether it provided for fair and reasonable terms and conditions of employment. The court took into account the views of the employees, as expressed through the union's objections, and the employer's arguments in support of the agreement. The court also considered the broader public interest considerations, such as the impact of the agreement on the operation of the Cairns Convention Centre and the broader economy. Ultimately, the court found that the Enterprise Agreement 2016 met the statutory requirements for approval and was in the public interest.

The court approved the Enterprise Agreement 2016, subject to certain conditions. These conditions included the requirement that the agreement be implemented in a manner that complied with the Fair Work Act 2009 and other relevant legislation. The court also directed that the agreement be reviewed and renewed every four years, in accordance with the statutory requirements. The court's decision provided certainty and stability for both the employer and employees, and ensured that the terms and conditions of employment were fair and reasonable.

AEG Ogden (Cairns) Pty Ltd T/A Cairns Convention Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established