Australian Sports Commission
[2024] FWCA 2410
•28 JUNE 2024
| [2024] FWCA 2410 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Sports Commission
(AG2024/2093)
AUSTRALIAN SPORTS COMMISSION ENTERPRISE AGREEMENT 2024 – 2027
| Commonwealth employment | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 28 JUNE 2024 |
Application for approval of the Australian Sports Commission Enterprise Agreement 2024-2027.
An application has been made for approval of an enterprise agreement known as the Australian Sports Commission Enterprise Agreement 2024-2027. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Sports Commission. The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 16 November 2023 and the Agreement was made on 29 May 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
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. The undertakings are taken to be a term of the Agreement.
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.
The Association of Professional Engineers, Scientists and Managers, Australia and the Community and Public Sector Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2024. The nominal expiry date of the Agreement is 31 May 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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