ICC Sydney Pty Ltd T/A International Convention Centre Sydney Summary

[2021] FWCA 6333

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ICC Sydney Pty Ltd T/A International Convention Centre Sydney
(AG2021/7629)

INTERNATIONAL CONVENTION CENTRE SYDNEY ENTERPRISE AGREEMENT 2021

Amusement, events and recreation industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 19 OCTOBER 2021

Application for approval of the International Convention Centre Sydney Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the International Convention Centre Sydney Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 26 October 2021. The nominal expiry date of the Agreement is 31 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved ICC Sydney Pty Ltd, trading as the International Convention Centre Sydney, and its employees. The dispute centred on the application for the approval of the 2021 Enterprise Agreement. The Commission was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it provided for the fair and reasonable terms and conditions of employment.

The key legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant provisions of the Fair Work Act. This included scrutiny of the agreement's provisions on pay rates, hours of work, leave entitlements, and other employment terms. The Commission also considered whether the agreement had been fairly and genuinely negotiated and whether it provided for minimum standards of pay and conditions.

In evaluating the agreement, the Commission considered submissions from both ICC Sydney and the employees' representatives. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the relevant provisions of the Fair Work Act. The Commission noted that the agreement had been fairly and genuinely negotiated, and that it provided for minimum standards of pay and conditions. The Commission was satisfied that the agreement was in the best interests of the employees and the employer, and approved the agreement accordingly.

The Fair Work Commission approved the International Convention Centre Sydney Enterprise Agreement 2021. This decision was based on the finding that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the relevant provisions of the Fair Work Act. The approval of the agreement ensures that the employees and employer are bound by the terms and conditions set out in the agreement.

ICC Sydney Pty Ltd T/A International Convention Centre Sydney

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established