DECISION

Fair Work Act 2009
s.185—Enterprise agreement

State Sport Centres Trust
(AG2016/77)

STATE SPORT CENTRES TRUST ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 4 MARCH 2016

Application for approval of the State Sport Centres Trust Enterprise Agreement 2015.

[1] On 19 January 2016 State Sport Centres Trust (Applicant) made an application for approval of the State Sport Centres Trust Enterprise Agreement 2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 11 March 2016. The nominal expiry date of the Agreement is 1 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the State Sport Centres Trust seeking approval for the State Sport Centres Trust Enterprise Agreement 2015. The application was heard in the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement complied with the Fair Work Act 2009, including the provisions relating to minimum rates of pay, penalty rates, and the operation of the agreement.

The primary legal issues before the Commission were whether the agreement provided for minimum rates of pay that met the safety net standards, whether it contained appropriate penalty rates for certain shifts, and whether it was fair and reasonable in all its terms. The Commission needed to examine the specifics of the agreement to determine if it met the statutory requirements and if it was an agreement that a reasonable person in the position of the parties would have made.

After thorough consideration of the evidence and submissions from both parties, the Fair Work Commission determined that the proposed enterprise agreement did meet the statutory requirements. The Commission found that the minimum rates of pay were consistent with the safety net, the penalty rates were appropriate, and the overall agreement was fair and reasonable. Consequently, the Commission approved the State Sport Centres Trust Enterprise Agreement 2015. This approval ensures that the terms of the agreement will be binding on the parties involved, providing clarity and certainty in their employment relationship.

State Sport Centres Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established