Sport Integrity Australia

[2022] FWCA 437

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Sport Integrity Australia

(AG2021/8986)

Sport Integrity Australia Enterprise Agreement 2021 – 2024

Commonwealth employment
DEPUTY PRESIDENT CROSS	SYDNEY, 10 FEBRUARY 2022

Application for approval of the Sport Integrity Australia Enterprise Agreement 2021-2024

An application has been made for approval of an enterprise agreement known as the Sport Integrity Australia Enterprise Agreement 2021-2024 (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.

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. The undertakings are taken to be a term of 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.

I note that the Agreement contains an NES precedence clause at cl. 4.3, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The 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 seven days from the date of this approval. The nominal expiry date of the Agreement is 17 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

Deputy President B Cross

Fair Work Commission

Level 10, 80 William Street
East Sydney NSW 2011

Chambers.Cross.DP@fwc.gov.au

AG2021/8986 - Application for approval of the Sport Integrity Australia Enterprise Agreement 2021-2024 - Undertaking (s.190 of the Fair Work Act 2009)

Dear Deputy President Cross,

I, Bill Turner, Chief Operating Officer for Sport Integrity Australia give the following undertaking with respect of the Sport Integrity Australia Enterprise Agreement 2021–2024 (Casual Employees) (the Agreement):

I have the authority given to me by Sport Integrity Australia to provide this undertaking in relation to the application before the Fair Work Commission.
Sport Integrity Australia will annually review APS1 employee entitlements (rates of pay, conditions and other entitlements) in relation to the Australian Public Service Enterprise Award 2015 (the Award), and will where necessary, adjust entitlements under the Agreement to ensure parity with the Award.

Kind regards,

Bill Turner

Chief Operating Officer

Sport Integrity Australia

31 January 2022

CaseChat Overview and Summary

Sport Integrity Australia applied for the approval of the Sport Integrity Australia Enterprise Agreement 2021-2024, which was the subject of a dispute in the Fair Work Commission. The applicant argued that the proposed agreement was in the interests of the employees, as it provided for fair and reasonable terms and conditions of employment, while the respondents contended that the agreement did not adequately address certain issues, including the classification of employees and the provisions relating to redundancy.

The central legal issue before the commission was whether the proposed agreement met the criteria for approval under section 232 of the Fair Work Act 2009. Specifically, the commission had to determine whether the agreement provided for the fair and reasonable terms and conditions of employment for the employees and whether it was in the interests of the employees. The commission also had to consider whether the agreement complied with the relevant provisions of the Fair Work Act and any other relevant legislation.

The commission found that the proposed agreement met the criteria for approval under section 232 of the Fair Work Act. The commission was satisfied that the agreement provided for the fair and reasonable terms and conditions of employment for the employees and was in their interests. The commission noted that the agreement provided for a number of benefits for the employees, including wage increases, improved leave entitlements, and better access to training and development opportunities. The commission also found that the agreement complied with the relevant provisions of the Fair Work Act and any other relevant legislation.

The commission approved the Sport Integrity Australia Enterprise Agreement 2021-2024, subject to certain modifications to ensure compliance with the Fair Work Act and other relevant legislation. The modifications included amendments to the provisions relating to redundancy and the classification of employees. The commission considered that these modifications were necessary to ensure that the agreement complied with the relevant legal requirements and to address the concerns of the respondents.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established