DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ICC Sydney Pty Ltd T/A International Convention Centre Sydney
(AG2016/6602)

INTERNATIONAL CONVENTION CENTRE SYDNEY ENTERPRISE AGREEMENT 2016

Amusement, events and recreation industry
COMMISSIONER ROE	MELBOURNE, 1 DECEMBER 2016

Application for approval of the International Convention Centre Sydney Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the International Convention Centre Sydney Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ICC Sydney Pty Ltd T/A International Convention Centre Sydney. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 1 December 2016 and, in accordance with s.54, will operate from 8 December 2016. The nominal expiry date of the Agreement is 1 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved ICC Sydney Pty Ltd, trading as the International Convention Centre Sydney, and the Australian Council of Trade Unions. The dispute centred on the approval of the International Convention Centre Sydney Enterprise Agreement 2016. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The matter was heard and determined by the Fair Work Commission, which had the authority to assess the agreement's compliance with the statutory requirements for enterprise agreements.

The central legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission needed to assess if the agreement had been made in good faith, if it contained the minimum terms and conditions as required by the Act, and if the agreement had been properly notified and registered. Additionally, the Commission examined whether the agreement was made without any improper influence or coercion and if it provided for proper dispute resolution mechanisms.

In its decision, the Fair Work Commission found that the International Convention Centre Sydney Enterprise Agreement 2016 complied with all necessary statutory requirements. The Commission determined that the agreement was made in good faith, contained the requisite minimum terms and conditions, and was properly notified and registered. Furthermore, the Commission was satisfied that there was no evidence of improper influence or coercion in the making of the agreement, and that it provided for adequate dispute resolution mechanisms. Consequently, the Commission approved the agreement, finding it to be fair and reasonable.

The Fair Work Commission issued an order approving the International Convention Centre Sydney Enterprise Agreement 2016, effective from the date of the decision. The Commission's approval ensured that the agreement would be binding on the parties and enforceable under the Fair Work Act. This decision provided certainty and clarity to both the employer and the employees covered by the agreement, affirming its validity and enforceability.

ICC Sydney Pty Ltd T/A International Convention Centre Sydney

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established