Churchill Services Of Australia Pty Ltd

[2023] FWCA 3176

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Churchill Services Of Australia Pty Ltd

(AG2023/3107)

CHURCHILL SERVICES (EVENT LOGISTICS AND EVENT CREW)

Enterprise Agreement 2023

Amusement, events and recreation industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 OCTOBER 2023

Application for approval of the Churchill Services (Event Logistics and Event Crew) Enterprise Agreement 2023

An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Churchill Services (Event Logistics and Event Crew) Enterprise Agreement 2023 (Agreement).

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 Agreement is approved and, in accordance with s 54 of the Act, will operate from 10 October 2023. The nominal expiry date of the Agreement is 3 October 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application by Churchill Services Of Australia Pty Ltd for the approval of the Churchill Services (Event Logistics and Event Crew) Enterprise Agreement 2023. The application was heard in the Fair Work Commission, where the central dispute pertained to the terms and conditions of employment for event logistics and event crew workers under the proposed enterprise agreement.

The primary legal issues before the Commission were whether the proposed agreement provided for the employees' terms and conditions of employment fairly and met the requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the best interests of the employees, whether it provided fair and reasonable terms and conditions, and if it adhered to the procedural fairness standards.

The Fair Work Commission found that the proposed enterprise agreement met the statutory criteria. The Commission concluded that the agreement was in the best interests of the employees, provided fair and reasonable terms, and was procedurally fair. The Commission considered the parties' submissions, the nature of the employment, and the provisions of the agreement. The decision was grounded on the evidence provided by both parties and the relevant legislative framework, ensuring that the agreement would operate effectively without undermining the employees' rights.

As a result, the Fair Work Commission approved the Churchill Services (Event Logistics and Event Crew) Enterprise Agreement 2023. The approval was made effective from the date of the Commission's decision, ensuring that the terms of the agreement would govern the employment conditions of the relevant workers moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established