DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ShowFX Australia Pty Ltd aft ShowFX Australia Unit Trust
(AG2015/4771)

SHOWFX AUSTRALIA ENTERPRISE AGREEMENT 2015

Live performance industry
COMMISSIONER CRIBB	MELBOURNE, 20 NOVEMBER 2015

Application for the approval of the ShowFX Australia Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ShowFX Australia Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ShowFX Australia Pty Ltd aft ShowFX Australia Unit Trust. The agreement is a single-enterprise agreement.

[2] An undertaking has been given with respect to clauses 20.2(a) and 20.4(a) and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54(1)(b) of the Act, will operate from 30 November 2015. The nominal expiry date of the Agreement is 29 November 2019.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were ShowFX Australia Pty Ltd, aft ShowFX Australia Unit Trust, and various employees. The dispute centred around the application for the approval of the ShowFX Australia Enterprise Agreement 2015. The matter was heard in the Fair Work Commission.

The primary legal issue before the court was whether the Enterprise Agreement in question met the necessary criteria for approval under the Fair Work Act 2009. This involved determining if the agreement provided for fair and reasonable terms and conditions of employment, and if it adhered to the procedural requirements outlined in the legislation. The court also had to consider if the agreement had been genuinely bargained between the employer and the employees' representatives.

The Fair Work Commission assessed the Enterprise Agreement based on several factors, including the bargaining process, the terms and conditions proposed, and the impact on employees. The Commission found that the agreement had been genuinely bargained and contained fair and reasonable terms and conditions. It also noted that the agreement adhered to the procedural requirements of the Fair Work Act. Consequently, the Commission approved the application for the Enterprise Agreement, confirming its validity and enforceability.

The Fair Work Commission granted the application for the approval of the ShowFX Australia Enterprise Agreement 2015. The agreement was deemed to meet the necessary criteria for approval, and it was declared valid and enforceable. This decision allowed the employer and employees to operate under the terms and conditions outlined in the approved agreement.

ShowFX Australia Pty Ltd aft ShowFX Australia Unit Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established