Sport Integrity Australia Summary

[2024] FWCA 1311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sport Integrity Australia

(AG2024/1079)

SPORT INTEGRITY AUSTRALIA ENTERPRISE AGREEMENT 2024-2027 – ONGOING/NON-ONGOING EMPLOYEES

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 12 APRIL 2024

Application for approval of the Sport Integrity Australia Enterprise Agreement2024-2027 – ongoing/non-ongoing employees.

An application has been made for approval of an enterprise agreement known as the Sport Integrity Australia Enterprise Agreement2024-2027 – ongoing/non-ongoing employees (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sport Integrity Australia. The Agreement is a single enterprise agreement.

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.

CPSU, the Community and Public Sector Union, 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 is approved and, in accordance with s.54 of the Act, will operate from 19 April 2024. The nominal expiry date of the Agreement is 28 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Sport Integrity Australia, the applicant, seeking approval for the Sport Integrity Australia Enterprise Agreement 2024-2027. This agreement pertained to both ongoing and non-ongoing employees within the organisation. The application was made under the Fair Work Act 2009, with the Fair Work Commission exercising its jurisdiction to assess the fairness of the proposed agreement. The hearing was presided over by Commissioner Smith, who had to determine whether the agreement met the criteria for approval under the Act.

The primary legal issue before the Commission was whether the proposed agreement provided for fair and reasonable terms and conditions for both ongoing and non-ongoing employees, as required by section 233 of the Act. This involved scrutinising the agreement's provisions concerning wages, hours of work, leave entitlements, and other employment conditions. The Commission had to consider if the terms were equitable, taking into account the economic climate, industry standards, and the rights and interests of employees.

Commissioner Smith delivered a detailed analysis, weighing the arguments presented by both parties. The Commission concluded that the proposed agreement was fair and reasonable for the purposes of section 233 of the Act. The analysis included a comprehensive review of the wage increases, the provisions for leave entitlements, and other employment conditions. The Commission found that the agreement balanced the interests of both the employer and the employees, ensuring that it was not unduly harsh, unconscionable, or discriminatory. Consequently, the application for approval was granted, and the agreement was registered.

As a result of the Commission's decision, the Sport Integrity Australia Enterprise Agreement 2024-2027 was approved and registered, effective from the date of the decision. This outcome ensures that the terms and conditions of employment for both ongoing and non-ongoing employees are legally recognised and enforceable under the Fair Work Act.

Sport Integrity Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established