DECISION

Fair Work Act 2009
s.185—Enterprise agreement

David Sharpe on behalf of the Australian Sports Anti-Doping Authority
(AG2017/4646)

AUSTRALIAN SPORTS ANTI-DOPING AUTHORITY ENTERPRISE AGREEMENT 2017 - 2020

Australian Capital Territory
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 JANUARY 2018

Application for approval of the Australian Sports Anti-Doping Authority Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Australian Sports Anti-Doping Authority Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mr David Sharpe on behalf of the Australian Sports Anti-Doping Authority. 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 CPSU, the Community and Public Sector Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 25 January 2018 and, in accordance with s.54, will operate from 1 February 2018. The nominal expiry date of the Agreement is 1 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, David Sharpe applied on behalf of the Australian Sports Anti-Doping Authority for the approval of the Australian Sports Anti-Doping Authority Enterprise Agreement 2017 - 2020. The application was made under section 234 of the Fair Work Act 2009. The nature of the dispute centred on whether the proposed enterprise agreement met the legal criteria for approval, including fairness and compliance with relevant legislative standards.

The legal issues before the Commission included the fairness of the agreement's terms and conditions, whether it adhered to the principles of good faith bargaining and if it complied with the relevant sections of the Fair Work Act. The Commission had to consider the views of the parties involved and ensure that the agreement did not disadvantage employees or employers unfairly. Additionally, the Commission assessed if the agreement met the procedural requirements for its approval under the Act.

The Fair Work Commission found that the proposed agreement was fair and compliant with the necessary legislative standards. The Commission was satisfied that the agreement had been reached through genuine good faith bargaining and that it did not adversely affect the rights or interests of any party. Furthermore, the Commission confirmed that the agreement complied with all procedural requirements under the Fair Work Act. Consequently, the Commission approved the Australian Sports Anti-Doping Authority Enterprise Agreement 2017 - 2020, as it met all the legal criteria for such approval.

The Commission's decision was that the agreement was approved, effective from the date of the decision, and binding on all parties. The approval was contingent on the agreement being registered with the Fair Work Commission Registry within the stipulated timeframe.

David Sharpe on behalf of the Australian Sports Anti-Doping Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established