DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2016/5394)

NATIONAL BASKETBALL LEAGUE (BRISBANE BULLETS BASKETBALL CLUB PTY LTD) PLAYERS AGREEMENT 2016-2019

Sporting organisations
COMMISSIONER LEE	MELBOURNE, 13 OCTOBER 2016

Application for approval of the National Basketball League (Brisbane Bullets Basketball Club Pty Ltd) Players Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the National Basketball League (Brisbane Bullets Basketball Club Pty Ltd) Players Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Media, Entertainment and Arts Alliance. 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 contained a minor error in the title at clause 1 and clause 3. Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[5] The Media Entertainment and Arts Alliance 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by the Media, Entertainment and Arts Alliance (MEAA) for the approval of the National Basketball League (Brisbane Bullets Basketball Club Pty Ltd) Players Agreement 2016-2019. The MEAA sought to have the agreement approved as a "greenfield" enterprise agreement, meaning it would apply to all employees of the Brisbane Bullets who were not already covered by an existing agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval.

The central legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and if it appropriately covered the terms and conditions of employment for the players of the Brisbane Bullets. This included examining whether the agreement was made in good faith, was free from coercion and undue influence, and if it provided fair and reasonable terms and conditions of employment. The Commission also had to consider if the agreement adequately addressed the interests of the employees, in line with the principles of the Fair Work Act.

In assessing the application, the Fair Work Commission determined that the MEAA had provided sufficient evidence to demonstrate that the agreement was made in good faith and free from coercion and undue influence. The Commission found that the agreement contained fair and reasonable terms and conditions of employment, taking into account the unique nature of the sports industry and the bargaining positions of the parties. The Commission was satisfied that the agreement appropriately addressed the interests of the employees and met the legal standards required for approval. Consequently, the Commission approved the National Basketball League (Brisbane Bullets Basketball Club Pty Ltd) Players Agreement 2016-2019 as a greenfield enterprise agreement.

Media, Entertainment and Arts Alliance

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established