DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2016/3173)

NATIONAL BASKETBALL LEAGUE PLAYERS AGREEMENT 2016-2019

Sporting organisations
COMMISSIONER ROE	MELBOURNE, 24 JUNE 2016

Application for approval of the National Basketball League Players Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the National Basketball League 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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] 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.

[4] The Agreement was approved on 24 June 2016 and, in accordance with s.54, will operate from 1 July 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court, the Media, Entertainment and Arts Alliance sought approval of the National Basketball League Players Agreement 2016-2019. The application was brought under the Fair Work Act 2009, which requires that certain workplace agreements be approved by the Fair Work Commission or the court if they are to have effect. The respondents to the application were the National Basketball League and the National Basketball League Players Association. The dispute centred around the terms and conditions of employment for the players, including wages, working hours, and other related matters.

The primary legal issue before the court was whether the terms of the agreement were consistent with the objectives of the Fair Work Act. Specifically, the court needed to determine if the agreement provided for fair and reasonable terms and conditions of employment and whether it was in the best interests of the employees. The court also had to consider whether the agreement complied with any relevant national employment standards and whether it had been made in good faith.

In its decision, the court found that the National Basketball League Players Agreement 2016-2019 was consistent with the objectives of the Fair Work Act. The court determined that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the nature of the industry and the bargaining power of the parties. The court was satisfied that the agreement was in the best interests of the employees and that it complied with all relevant national employment standards. The court also found that the agreement had been made in good faith by both parties. Based on these findings, the court approved the agreement as requested.

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