DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AEG Ogden (Sydney Arena) Pty Ltd
(AG2019/2217)

SYDNEY ARENA ENTERPRISE AGREEMENT 2019

Live performance industry
COMMISSIONER WILSON	MELBOURNE, 30 JULY 2019

Application for approval of the Sydney Arena Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Arena Enterprise Agreement 2019 (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 Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, AEG Ogden (Sydney Arena) Pty Ltd, sought approval of the Sydney Arena Enterprise Agreement 2019 from the Fair Work Commission. The agreement, which was intended to regulate the employment conditions of certain employees, was being challenged on the basis that it did not provide for adequate consultation and negotiation processes. The legal issues before the Commission were whether the agreement complied with the procedural requirements set out in the Fair Work Act 2009 and whether it was in the best interests of the employees covered by it.

The Commission examined the process through which the agreement was negotiated and concluded that while there were some procedural deficiencies, they were not significant enough to invalidate the agreement. The Commission found that the applicant had made a genuine effort to consult and negotiate with the employees' representatives and that the agreement reflected the interests of the employees. The Commission also found that the agreement was in the best interests of the employees as it provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement subject to certain modifications to address the procedural deficiencies.

The applicant was directed to implement the modified agreement and to take steps to ensure compliance with the procedural requirements in future negotiations. The applicant was also required to provide a report to the Commission within 30 days of the approval of the agreement, detailing the steps taken to implement the modifications and to ensure compliance with the procedural requirements. The Commission's decision provides guidance on the requirements for approving enterprise agreements and the importance of ensuring that the negotiation and consultation processes are properly conducted.

AEG Ogden (Sydney Arena) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established