Sport Integrity Australia

[2021] FWCA 6542

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sport Integrity Australia
(AG2021/7847)

SPORT INTEGRITY AUSTRALIA ENTERPRISE AGREEMENT 2021-2024 (ONGOING AND NON-ONGOING EMPLOYEES)

Commonwealth employment
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 NOVEMBER 2021

Application for approval of the Sports Integrity Australia Enterprise Agreement 2021-2024 (Ongoing and Non-ongoing employees).

[1] An application has been made for approval of an enterprise agreement known as the Sports Integrity Australia Enterprise Agreement 2021-2024 (Ongoing and 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.

[2] 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.

[3] 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.

[4] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2021. The nominal expiry date of the Agreement is 3 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sport Integrity Australia sought approval for the Sports Integrity Australia Enterprise Agreement 2021-2024, which aimed to cover both ongoing and non-ongoing employees. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement provided for a fair and reasonable minimum terms and conditions of employment, and whether the agreement complied with the statutory obligations under the Fair Work Act.

The Fair Work Commission examined the terms of the agreement to ensure they aligned with the statutory minimum standards and the principles of fairness. The Commission considered the provisions related to wages, leave entitlements, and other employment conditions, as well as the dispute resolution mechanisms. It also assessed whether the agreement was appropriately negotiated and whether the parties had acted in good faith during the negotiation process. After conducting its review, the Commission found that the agreement met the necessary criteria and did not have any adverse effects on the employees covered by the agreement.

Consequently, the Commission approved the Sports Integrity Australia Enterprise Agreement 2021-2024, affirming that it provided fair and reasonable terms and conditions for the employees involved. The agreement was deemed to comply with the statutory requirements, and the Commission determined that it would operate effectively to govern the employment relationship between Sport Integrity Australia and its employees. The approval was a recognition of the negotiated terms, which were found to be fair and reasonable, and in line with the objectives of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established