AEG Ogden (Sydney Arena) Pty Ltd Summary

[2013] FWCA 4803

FAIR WORK COMMISSION

DECISION

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

AEG Ogden (Sydney Arena) Pty Ltd
(AG2013/7465)

SYDNEY ARENA ENTERPRISE AGREEMENT 2013

Live performance industry
COMMISSIONER CAMBRIDGE	SYDNEY, 18 JULY 2013

Application for approval of the Sydney Arena Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Arena Enterprise Agreement 2013 (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 (Sydney Arena) Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 10 July 2013. The application included a Statutory Declaration of Alan Beck made on behalf of the Employer and dated 4 July 2013, (the Declaration). The Declaration stated that the Agreement was made on 27 June 2013. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 18 July 2013. I note that the file has included a Statutory Declaration of Stephen Crawford made on behalf of The Australian Worker’s Union (the AWU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 7.11 and a consultation term at clause 7.10.

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

[7] The AWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 25 July 2013. The nominal expiry date of the Agreement as specified in clause 1.3.1 of the Agreement, is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

AEG Ogden (Sydney Arena) Pty Ltd sought approval of the Sydney Arena Enterprise Agreement 2013. The applicant, a private company responsible for the management of the Sydney SuperDome, aimed to establish this agreement as a legally binding contract between the company and its employees. The matter was brought before the Fair Work Commission (FWC), which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue the FWC had to decide was whether the Sydney Arena Enterprise Agreement 2013 satisfied the requirements of section 230 of the Fair Work Act. Specifically, the FWC had to assess if the agreement had been fairly negotiated, if it provided for fair terms and conditions of employment, and if it met the other statutory criteria for approval. This involved examining the process of negotiation, the content of the agreement, and whether it complied with the relevant provisions of the Act.

The FWC concluded that the agreement was fairly negotiated and contained terms and conditions that were fair. The applicant demonstrated that the agreement had been negotiated in good faith, with meaningful consultation and input from both parties. Furthermore, the terms of the agreement were found to be reasonable and not overly detrimental to employees. The FWC also noted that the agreement included provisions for minimum wage rates, leave entitlements, and other conditions that aligned with industry standards. Consequently, the FWC approved the Sydney Arena Enterprise Agreement 2013.

In summary, the FWC granted the applicant's application for approval of the Sydney Arena Enterprise Agreement 2013, finding that it met the necessary criteria under the Fair Work Act. The agreement was deemed to have been fairly negotiated and to contain fair terms and conditions, thereby satisfying the requirements for approval.

AEG Ogden (Sydney Arena) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established