Sport Integrity Australia
[2022] FWCA 437
•10 FEBRUARY 2022
| [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
<AE514909 PR738230>
ANNEXURE A
Deputy President B Cross
Fair Work Commission
Level 10, 80 William Street
East Sydney NSW 2011
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
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