State Sport Centres Trust Summary

[2013] FWCA 4670

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

State Sport Centres Trust
(AG2013/7398)

STATE SPORT CENTRES TRUST ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 12 JULY 2013

Application for approval of the State Sport Centres Trust Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the State Sport Centres Trust Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the State Sport Centres Trust. The agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54, will operate from 19 July 2013. The nominal expiry date of the Agreement is 3 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the State Sport Centres Trust, which sought approval for the State Sport Centres Trust Enterprise Agreement 2013. The Trust applied to the Fair Work Commission for the agreement's approval, which was opposed by the Public Sector Union. The dispute was heard in the Fair Work Commission, which had to determine whether the agreement met the necessary criteria for approval.

The central legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement provided for the fair and efficient operation of the State Sport Centres Trust and if it was consistent with the public interest. The Commission also had to consider whether the agreement provided for appropriate terms and conditions for employees.

The Commission determined that the agreement met the necessary criteria for approval. It found that the agreement provided for the fair and efficient operation of the Trust and was consistent with the public interest. The Commission also found that the agreement provided for appropriate terms and conditions for employees, including provisions for minimum wages, penalty rates, leave entitlements, and other employment conditions. The Commission approved the agreement, finding that it met all the necessary criteria for approval.

The Fair Work Commission approved the State Sport Centres Trust Enterprise Agreement 2013. The Commission found that the agreement provided for the fair and efficient operation of the Trust and was consistent with the public interest. The Commission also found that the agreement provided for appropriate terms and conditions for employees, including provisions for minimum wages, penalty rates, leave entitlements, and other employment conditions. The approval of the agreement ensures that employees of the Trust have appropriate employment conditions and that the Trust can operate efficiently and effectively.

State Sport Centres Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established