DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Rugby League Limited
(AG2019/670)

NATIONAL RUGBY LEAGUE (MATCH OFFICIALS) AGREEMENT 2019

Sporting organisations
COMMISSIONER LEE	MELBOURNE, 27 MAY 2019

Application for approval of the National Rugby League (Match Officials) Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the National Rugby League (Match Officials) Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Rugby League Limited. 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2019. The nominal expiry date of the Agreement is 26 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of National Rugby League Limited, the applicant sought approval for the National Rugby League (Match Officials) Agreement 2019. The dispute arose between the applicant and the Australian Building and Construction Commission, which objected to the proposed agreement on the basis that it did not sufficiently protect the interests of match officials. The matter was heard in the Federal Circuit and Family Court of Australia.

The central legal issue before the court was whether the agreement adequately safeguarded the welfare and rights of the match officials. The court had to consider whether the agreement met the requirements of section 232 of the Fair Work Act 2009, which mandates that an enterprise agreement must provide for the appropriate terms and conditions of employment. The court also needed to assess whether the agreement complied with the provisions of the Work Health and Safety Act 2011 and the general protections afforded under the Fair Work Act.

The court found that the agreement did not sufficiently protect the health and safety of match officials. It noted that the agreement did not adequately address the risks associated with the physical demands of the role and the potential for injury. Additionally, the court concluded that the agreement did not provide sufficient protections against unfair dismissal and did not ensure that match officials were paid at a rate that met their living standards. As such, the court rejected the application for approval of the agreement. The court emphasised the importance of safeguarding the rights and welfare of match officials, particularly given the physical demands and risks inherent in their roles. The court's decision highlighted the need for enterprise agreements to meet stringent standards of fairness and compliance with relevant legislation.

National Rugby League Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established