DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Novatech Creative Event Technology Pty Ltd
(AG2015/135)

NOVATECH CREATIVE EVENT TECHNOLOGY PTY LTD STAFF ENTERPRISE AGREEMENT 2014

Live performance industry
COMMISSIONER HAMPTON	ADELAIDE, 6 FEBRUARY 2015

Application for approval of the Novatech Creative Event Technology Pty Ltd Staff Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Novatech Creative Event Technology Pty Ltd Staff Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Novatech Creative Event Technology Pty Ltd. The Agreement is a single-enterprise agreement.

[2] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2015. The nominal expiry date of the Agreement is 1 September 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Novatech Creative Event Technology Pty Ltd, sought approval for the Novatech Creative Event Technology Pty Ltd Staff Enterprise Agreement 2014. The applicant is a company that provides event technology services, and the dispute involved the terms and conditions of employment for its staff, as outlined in the proposed enterprise agreement. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been made in accordance with the procedural requirements of the Act, whether it contained the mandated minimum terms and conditions, and whether it was in the best interests of the employees. Additionally, the Commission needed to assess if the agreement provided for genuine bargaining between the parties and if it included appropriate dispute resolution mechanisms.

The Commission found that the agreement had been made following the necessary procedural steps and contained the mandated minimum terms and conditions. It also determined that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. Furthermore, the Commission was satisfied that there had been genuine bargaining between the parties and that the agreement included appropriate dispute resolution mechanisms. Consequently, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the Novatech Creative Event Technology Pty Ltd Staff Enterprise Agreement 2014, finding it to be in compliance with the Fair Work Act 2009. The approval of the agreement ensures that the terms and conditions of employment for the staff of Novatech Creative Event Technology Pty Ltd are fair, reasonable, and provide for genuine bargaining between the parties. The agreement now serves as the basis for the employment conditions of the staff within the company.

Novatech Creative Event Technology Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established