DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Sports Labour Pty Ltd
(AG2016/558)

AUSTRALIAN SPORTS LABOUR PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 19 APRIL 2016

Application for approval of the Australian Sports Labour Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Australian Sports Labour Pty Ltd Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Sports Labour Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2016. The nominal expiry date of the Agreement is 18 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Australian Sports Labour Pty Ltd sought approval for its 2016-2020 Enterprise Agreement under the Fair Work Act 2009. The Fair Work Commission was the court which heard the application. The primary parties involved in the dispute were Australian Sports Labour Pty Ltd, the employer, and the union representing the employees. The dispute centred around the terms and conditions of employment as outlined in the proposed enterprise agreement, with a focus on the fairness and compliance of the agreement with the provisions of the Fair Work Act.

The legal issues that the court had to address included whether the agreement was made in good faith and if it contained the essential minimum terms as required by the Fair Work Act. Furthermore, the court had to consider if the agreement was likely to have a detrimental effect on the financial performance of the employer. The union argued that certain terms of the agreement were unfair and did not meet the standard of the essential minimum terms.

The Fair Work Commission found that the enterprise agreement was made in good faith and contained the essential minimum terms. The commission also concluded that the agreement would not have a detrimental effect on the financial performance of the employer. Therefore, the application for approval of the enterprise agreement was successful. The commission's decision was based on the evidence presented and the assessment of the agreement's compliance with the Fair Work Act.

The final orders of the commission were that the Australian Sports Labour Pty Ltd Enterprise Agreement 2016-2020 be approved, and the agreement was to be registered with the Fair Work Commission. The union's objections were dismissed, and the agreement was to be in effect from the date of the commission's decision.

Australian Sports Labour 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