DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AEG Ogden (Sydney Arena) Pty Ltd T/A Qudos Bank Arena
(AG2016/5149)

SYDNEY ARENA ENTERPRISE AGREEMENT 2016

Live performance industry
DEPUTY PRESIDENT DEAN	SYDNEY, 9 NOVEMBER 2016

Application for approval of the Sydney Arena Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Arena 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 (Sydney Arena) Pty Ltd T/A Qudos Bank Arena. The agreement is a single enterprise agreement.

[2] The Applicant has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 16 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission involved AEG Ogden (Sydney Arena) Pty Ltd, trading as Qudos Bank Arena, and its employees. The dispute centred around the approval of the Sydney Arena Enterprise Agreement 2016, which aimed to regulate the terms and conditions of employment for the employees. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with section 232 of the Act, which mandates that an enterprise agreement must be "fair and reasonable" and "not be detrimental to the national industrial relations system." Additionally, the Commission considered whether the agreement satisfied the procedural requirements set forth in section 233 of the Act, which requires that the agreement must be certified by the Commission after a process of employee consultation and employer negotiation.

In its decision, the Commission examined the evidence and submissions presented by both parties. It found that the agreement had been negotiated in good faith and that the process of consultation and negotiation met the statutory requirements. The Commission also concluded that the terms of the agreement were fair and reasonable, and did not pose a detriment to the national industrial relations system. As a result, the Commission approved the Sydney Arena Enterprise Agreement 2016.

The Commission's approval of the agreement meant that it would become a legally binding contract between the employer and the employees, regulating their terms and conditions of employment. The approval also meant that the agreement could be registered with the Fair Work Commission, which would provide a mechanism for resolving any disputes that might arise in the future. The decision brought certainty to the employment relationship and provided a framework for the employer and employees to work together in a fair and reasonable manner.

AEG Ogden (Sydney Arena) Pty Ltd T/A Qudos Bank Arena

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established