DECISION

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

Show Support Pty Ltd
(AG2014/8308)

SHOW SUPPORT (CREWING SERVICES) ENTERPRISE AGREEMENT 2014

Live performance industry
COMMISSIONER CAMBRIDGE	SYDNEY, 16 DECEMBER 2014

Application for approval of the Show Support (Crewing Services) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Show Support (Crewing Services) Enterprise Agreement 2014(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Show Support Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 25 November 2014. The application included a Statutory Declaration of David Neil made on behalf of the Employer and dated 24 November 2014, (the Declaration). The Declaration stated that the Agreement was made on 11 November 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 16 December 2014. I note that the Agreement contains a flexibility term at clause 27 and a consultation term at clause 26.

[5] 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.

[6] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 23 December 2014. The nominal expiry date of the Agreement as indicated in clause 4 of the Agreement, and as provided by sub-section 186 (5) of the Act, is 16 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Show Support Pty Ltd applied to the Fair Work Commission for approval of the Show Support (Crewing Services) Enterprise Agreement 2014. The applicant is an employer engaged in the business of providing crewing services for trade shows and exhibitions. The dispute centred on the procedural fairness of the Commission's handling of the application and the validity of the agreement itself. The Commission was required to consider whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly focusing on procedural fairness and whether the agreement had been made in good faith.

The Commission first addressed the procedural fairness of its own processes, finding that the applicant had not been denied a fair opportunity to present its case. The Commission rejected the argument that it had failed to properly consider the applicant's submissions, finding that the applicant's claims were properly addressed in the decision. Regarding the validity of the agreement, the Commission examined whether the agreement had been made in good faith and whether it met the requirements of the Act. The Commission found that the agreement was made in good faith and contained provisions that were consistent with the objectives of the Act, including provisions for minimum wages and conditions.

Ultimately, the Commission approved the application, finding that the agreement met the necessary criteria. The Commission determined that the agreement was fair and appropriate, considering the specific circumstances of the industry and the parties involved. The Commission also noted that the agreement included provisions for dispute resolution and other mechanisms to ensure its proper implementation. The final orders of the Commission included the approval of the enterprise agreement, with specific conditions to ensure ongoing compliance with the Act.

Show Support 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