ASM Global (Cairns) Pty Ltd T/A Cairns Convention Centre

Case [2024] FWCA 2934
[2024] FWCA 2934

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ASM Global (Cairns) Pty Ltd T/A Cairns Convention Centre

(AG2024/2863)

ASM GLOBAL (CAIRNS) PTY LTD ENTERPRISE AGREEMENT 2024

Amusement, events and recreation industry

DEPUTY PRESIDENT DEAN

CANBERRA, 9 AUGUST 2024

Application for approval of the ASM Global (Cairns) Pty Ltd Enterprise Agreement 2024.

  1. An application has been made for approval of an enterprise agreement known as the ASM Global (Cairns) Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ASM Global (Cairns) Pty Ltd T/A Cairns Convention Centre. The Agreement is a single enterprise agreement.

  1. 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.

  1. 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), the Commission notes that the Agreement covers this organisation.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2024. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE525747  PR778170>

Details
AGLC
ASM Global (Cairns) Pty Ltd T/A Cairns Convention Centre [2024] FWCA 2934
Case
[2024] FWCA 2934
Decision Date

CaseChat Overview and Summary

ASM Global (Cairns) Pty Ltd, trading as the Cairns Convention Centre, applied to the Fair Work Commission for approval of the ASM Global (Cairns) Pty Ltd Enterprise Agreement 2024. The dispute involved the terms and conditions of employment for workers at the Cairns Convention Centre. The application was heard by the Fair Work Commission, which has jurisdiction to approve, modify, or reject enterprise agreements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the enterprise agreement met the statutory requirements for approval, including compliance with the "better off overall test" and other conditions set out in the Fair Work Act. The Commission had to assess if the proposed agreement provided employees with terms and conditions that were at least as favourable as the relevant award or safety net, and whether the agreement had been genuinely negotiated and not imposed.

The Commission found that the enterprise agreement met the statutory requirements for approval. It concluded that the agreement provided employees with terms and conditions that were better than those provided by the relevant award or safety net. The Commission also determined that the agreement had been genuinely negotiated and not imposed. Therefore, the Commission approved the ASM Global (Cairns) Pty Ltd Enterprise Agreement 2024.

The Fair Work Commission approved the enterprise agreement, and it will now apply to the employees of ASM Global (Cairns) Pty Ltd trading as the Cairns Convention Centre. The approval is effective from the date of the decision, and the terms of the agreement will govern the employment conditions of the workers covered by it.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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