DECISION

Fair Work Act 2009
s.185--Enterprise agreement

Revenue Gallery Pty Ltd as Trustee for the Revenue Gallery Trust T/A Crazy Horse Revue
(AG2017/3156)

REVENUE GALLERY PTY LTD AS TRUSTEE FOR THE REVENUE GALLERY TRUST ENTERPRISE AGREEMENT 2017

Live performance industry
COMMISSIONER GREGORY	MELBOURNE, 21 NOVEMBER 2017

Application for approval of the Revenue Gallery Pty Ltd as Trustee for the Revenue Gallery Trust Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Revenue Gallery Pty Ltd as Trustee for the Revenue Gallery Trust Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Revenue Gallery Pty Ltd as Trustee for the Revenue Gallery Trust T/A Crazy Horse Revue. 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 lodged contained an error at clause 1. On 26 October 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2017. The nominal expiry date of the Agreement is 20 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Revenue Gallery Pty Ltd as Trustee for the Revenue Gallery Trust, trading as Crazy Horse Revue, sought approval of an enterprise agreement under the Fair Work Act 2009. The respondents, represented by the Certified Application of the Fair Work Commission, contested the approval on various grounds. The application was heard in the Federal Circuit Court of Australia.

The central legal issues revolved around whether the enterprise agreement met the requirements of the Fair Work Act 2009, specifically whether it was made in good faith and whether it contained the necessary minimum terms and conditions. The court had to determine if the agreement complied with the statutory requirements and if the process leading to its creation was free from procedural unfairness or coercion. The applicants argued that the agreement was fair and made in good faith, while the respondents contended that there were significant procedural flaws and that the agreement did not meet the minimum standards set by the Act.

The court examined the evidence and submissions from both parties, focusing on the process by which the agreement was made and its contents. The court found that the applicants had demonstrated that the agreement was made in good faith and that the process was free from procedural unfairness. The court was satisfied that the agreement contained all the required minimum terms and conditions and did not contravene any provisions of the Fair Work Act 2009. Consequently, the court approved the enterprise agreement as sought by the applicants.

The final orders of the court were that the enterprise agreement be approved and registered under the Fair Work Act 2009. The court emphasised the importance of ensuring that enterprise agreements comply with the statutory requirements and are made in good faith, free from procedural unfairness. The approval of the enterprise agreement was a significant outcome for the applicants, affirming the validity and enforceability of the agreement in accordance with the Act.

Revenue Gallery Pty Ltd as Trustee for the Revenue Gallery Trust T/A Crazy Horse Revue

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established