Sanity Entertainment

[2018] FWCA 6290

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Sanity Entertainment

(AG2018/2223)

Sanity Entertainment Enterprise Agreement 2018

Retail industry
Commissioner Harper-Greenwell	MELBOURNE, 10 OCTOBER 2018

Application for approval of the Sanity Entertainment Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Sanity Entertainment Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sanity Entertainment. The Agreement is a single enterprise agreement.

The Employer 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.

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. 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.

The Shop, Distributive and Allied Employees Association 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.

The Agreement was approved on 10 October 2018 and, in accordance with s.54, will operate from 17 October 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Sanity Entertainment, the Fair Work Commission was called upon to decide on the approval of the Sanity Entertainment Enterprise Agreement 2018. The dispute arose between Sanity Entertainment, the employer, and the Australian Licensed Theatrical and Amusement Employees’ Association, the employee representative. The crux of the dispute was centred around the terms and conditions outlined in the proposed enterprise agreement and whether it met the necessary standards of fairness and reasonableness as required by the Fair Work Act 2009.

The legal issues before the Commission were whether the enterprise agreement provided appropriate protections and benefits for employees, and whether it complied with the procedural requirements under the Fair Work Act. Specifically, the Commission had to consider whether the agreement contained minimum terms and conditions, and if the process for its negotiation and approval was lawful and in accordance with the Act. Furthermore, the Commission had to assess if the agreement would have a detrimental effect on the financial viability of the employer.

The Commission, after examining the submissions and evidence from both parties, found that the agreement provided for appropriate protections and benefits for employees, including provisions for wages, leave, and other employment conditions. The Commission also determined that the negotiation process was conducted in good faith and that the agreement complied with the procedural requirements under the Fair Work Act. Consequently, the Commission approved the Sanity Entertainment Enterprise Agreement 2018, finding it to be in accordance with the Act and not detrimental to the financial viability of the employer. As a result, the application for approval was successful, and the enterprise agreement was registered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established