Australian Sports Commission Summary

[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

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Australian Sports Commission to approve the Enterprise Agreement 2024-2027. The application was brought by the Commission, seeking to formalise the terms and conditions of employment for its employees. The Commission argued that the proposed agreement met the criteria for provisional approval under the Fair Work Act 2009. The employees' union contested the application, raising concerns about the fairness and reasonableness of certain clauses within the agreement.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement met the statutory requirements for provisional approval. This involved examining if the agreement contained all the mandatory terms specified in the Fair Work Act, and whether it was fair and reasonable in all its aspects. The union's opposition centred on specific provisions related to remuneration, working conditions, and dispute resolution mechanisms. The Commission needed to determine whether these provisions were compliant with the legislative framework and whether they provided a fair balance between the interests of the employer and the employees.

The Fair Work Commission found that the proposed Enterprise Agreement contained all the necessary mandatory terms and was fair and reasonable. The Commission acknowledged the union's concerns but concluded that the agreement provided adequate protections for employees and did not unfairly disadvantage them. The Commission noted the parties' negotiation process and the compromises made to reach the agreement, which it deemed to be a reflection of good-faith bargaining. The Commission approved the agreement, finding it to be in compliance with the statutory requirements.

The final orders of the Commission included the provisional approval of the Australian Sports Commission Enterprise Agreement 2024-2027, effective from the date of the decision. The Commission mandated that the agreement would remain in effect until it was either superseded by a new agreement or terminated under the terms of the Fair Work Act. The decision was made to ensure that the terms and conditions of employment for the Commission's employees were clearly defined and legally enforceable.

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