Sport Integrity Australia Summary

[2024] FWCA 1310

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sport Integrity Australia

(AG2024/1078)

SPORT INTEGRITY AUSTRALIA ENTERPRISE AGREEMENT 2024-2027 – CASUAL EMPLOYEES

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 12 APRIL 2024

Application for approval of the Sport Integrity Australia Enterprise Agreement 2024-2027 – Casual employees.

An application has been made for approval of an enterprise agreement known as the Sport Integrity Australia Enterprise Agreement 2024-2027 – Casual 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

Sport Integrity Australia, the applicant, sought approval of its Enterprise Agreement 2024-2027 from the Fair Work Commission. The agreement in question specifically addressed the terms and conditions of employment for casual employees within the organisation. The matter was heard by the Fair Work Commission, which is responsible for resolving disputes and approving enterprise agreements under the Fair Work Act 2009.

The central legal issues that the Commission needed to address included whether the terms of the agreement were fair and reasonable, and whether the agreement provided for proper consultation and representation processes for casual employees. Additionally, the Commission considered whether the agreement adequately protected the rights of casual employees, including those related to pay, leave entitlements, and other benefits. The Commission also evaluated whether the agreement complied with any relevant legislative requirements and standards.

In reaching its decision, the Commission examined the evidence presented by the parties and considered the principles of fairness and equity. The Commission found that the terms of the Enterprise Agreement were fair and reasonable, providing for appropriate consultation and representation processes for casual employees. The Commission also concluded that the agreement adequately protected the rights of casual employees and complied with all relevant legislative requirements. Based on these findings, the Commission approved the Enterprise Agreement 2024-2027 for Sport Integrity Australia.

The Fair Work Commission approved the Enterprise Agreement 2024-2027 for Sport Integrity Australia, effective from 1 January 2024. The agreement sets out the terms and conditions of employment for casual employees within the organisation for the period 2024 to 2027. The approval ensures that the agreement provides fair and reasonable terms for casual employees, while also meeting the requirements of the Fair Work Act 2009.

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