Stadium Australia Operations Pty Ltd

[2014] FWCA 6688

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Stadium Australia Operations Pty Ltd
(AG2014/8962)

STADIUM AUSTRALIA OPERATIONS CASUAL EMPLOYEES ENTERPRISE AGREEMENT 2014

Amusement, events and recreation industry
COMMISSIONER CAMBRIDGE	SYDNEY, 23 SEPTEMBER 2014

Application for approval of the Stadium Australia Operations Casual Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Stadium Australia Operations Casual Employees Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stadium Australia Operations Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 9 September 2014. The application included a Statutory Declaration of James William Treloar made on behalf of the Employer and dated 5 September 2014, (the Declaration). The Declaration stated that the Agreement was made on 27 August 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 23 September 2014. I note that the file has included a Statutory Declaration of Vern Falconer made on behalf of The Australian Workers’ Union (the AWU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 10 and a consultation term at clause 4.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The AWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 30 September 2014. The nominal expiry date of the Agreement as specified in clause 2 (d) of the Agreement, is 30 September 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the recent matter of Stadium Australia Operations Pty Ltd, the Fair Work Commission was asked to approve the Stadium Australia Operations Casual Employees Enterprise Agreement 2014. The applicant, Stadium Australia Operations, sought to have the agreement recognised under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for casual workers at Stadium Australia, with specific attention paid to the agreement's provisions regarding shifts, overtime, and shift loadings.

The legal issues before the Commission were multifaceted. Primarily, the Commission had to determine whether the agreement met the necessary criteria for approval as stipulated in the Fair Work Act. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it had been genuinely negotiated between the employer and employees. Additionally, the Commission needed to consider whether the agreement adequately balanced the interests of both parties, particularly in light of the unique nature of casual employment.

The Commission found that the agreement was generally fair and reasonable, and had been genuinely negotiated. The terms provided for a consistent approach to the employment of casual workers, which was considered beneficial in an environment where such employees could face considerable uncertainty in their work schedules. The Commission also acknowledged the need to protect the rights of casual workers while recognising the legitimate operational needs of the employer. Ultimately, the agreement was approved, reflecting the Commission's view that it struck an appropriate balance between the rights of casual employees and the operational requirements of the business.

No specific final orders were detailed in the summary, but the approval of the agreement by the Commission would likely have implications for the terms and conditions of employment for casual workers at Stadium Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established