Australian Sports Commission Summary

[2016] FWCA 937

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Sports Commission

(AG2016/172)

AUSTRALIAN SPORTS COMMISSION ENTERPRISE AGREEMENT

2016-2019

Australian Capital Territory

COMMISSIONER LEE

MELBOURNE, 12 FEBRUARY 2016

Application for approval of the Australian Sports Commission Enterprise Agreement 2016-

2019.

[1] An application has been made for approval of an enterprise agreement known as the

Australian Sports Commission Enterprise Agreement 2016-2019 (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.

[2] 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.

[3] The Association of Professional Engineers, Scientists and Managers, Australia and the

CPSU, 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.
[2016] FWCA 937

[4] The Agreement was approved on 12 February 2016 and, in accordance with s.54, will

operate from 19 February 2016. The nominal expiry date of the Agreement is 11 February

2019.

COMMISSIONER

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CaseChat Overview and Summary

The Australian Sports Commission sought approval for the Australian Sports Commission Enterprise Agreement 2016-2019 under section 185 of the Fair Work Act 2009. The agreement was submitted for endorsement by the Fair Work Commission, with Commissioner Lee presiding over the application. The agreement was proposed as a single enterprise agreement covering the Australian Sports Commission.

The primary legal issue was whether the agreement met the requirements outlined in sections 186, 187, and 188 of the Act, which relate to the approval process for enterprise agreements. Specifically, the court had to determine if the agreement was made in good faith, if it was negotiated fairly, and if it complied with the provisions of the Act. Additionally, the court needed to verify whether the bargaining representatives, the Association of Professional Engineers, Scientists and Managers, Australia and the Community and Public Sector Union, had given notice under section 183 of the Act that they wished the agreement to cover them.

Commissioner Lee found that all relevant requirements had been met. The Association of Professional Engineers, Scientists and Managers, Australia and the Community and Public Sector Union had provided notice under section 183 that they wanted the agreement to cover them, and the agreement was deemed to cover these organizations in accordance with section 201(2) of the Act. Based on these findings, the agreement was approved on 12 February 2016 and was set to operate from 19 February 2016. The nominal expiry date of the agreement was set for 11 February 2019.

Australian Sports Commission

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established