DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Netball Australia Limited
(AG2016/5947)

NETBALL AUSTRALIA EMPLOYEE COLLECTIVE AGREEMENT 2016

Sporting organisations
COMMISSIONER GREGORY	MELBOURNE, 12 OCTOBER 2016

Application for approval of the Netball Australia Employee Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Netball Australia Employee Collective 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 Netball Australia Limited. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2016. The nominal expiry date of the Agreement is 11 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Netball Australia Limited was the subject of an application for the approval of the Netball Australia Employee Collective Agreement 2016. The applicant, Netball Australia Limited, sought the court's approval for the proposed agreement which was intended to regulate the employment conditions of its employees. The dispute was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The legal issues before the court centred on whether the proposed agreement complied with the statutory requirements set out in the Fair Work Act. Specifically, the court needed to determine if the agreement fairly reflected the terms and conditions of employment and whether it complied with the procedural requirements for approval.

The court examined the agreement to ensure it did not contain any terms that were contrary to public policy or that unfairly disadvantaged employees. The court also assessed whether the process by which the agreement was negotiated and finalised was fair and appropriate. In reaching its decision, the court considered submissions from both Netball Australia Limited and other interested parties, including employee representatives. The court found that the proposed agreement met the statutory requirements and was fair and reasonable in all respects. The court noted the comprehensive nature of the agreement, which covered a wide range of employment terms and conditions, and the process by which it was negotiated, which involved extensive consultation with employee representatives.

In light of the findings, the court approved the Netball Australia Employee Collective Agreement 2016. The court's decision was based on the conclusion that the agreement was fair, reasonable, and in compliance with all relevant statutory provisions. The orders of the court included the approval of the agreement, which would now govern the employment conditions of the relevant employees. This outcome provided certainty and stability for both Netball Australia Limited and its employees, ensuring that their working conditions were regulated by a duly approved collective agreement.

Netball Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established