State Sports Centres Trust Summary

[2023] FWCA 152

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

State Sports Centres Trust

(AG2022/4698)

STATE SPORT CENTRES TRUST ENTERPRISE AGREEMENT 2021

Sporting organisations
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 JANUARY 2023

Application for approval of the State Sport Centres Trust Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the State Sport Centres Trust Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by State Sports Centres Trust. 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.

The United Workers’ 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 24 January 2023. The nominal expiry date of the Agreement is 1 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the State Sports Centres Trust sought approval of the State Sport Centres Trust Enterprise Agreement 2021. The Trust argued that the agreement, which was negotiated between itself and the relevant unions, should be approved and registered as a modern award under the Fair Work Act 2009. The unions represented employees across various roles within the Trust, including administrative, maintenance, and operational staff.

The legal issues before the Commission were multifaceted, encompassing whether the agreement met the criteria for approval under section 233 of the Act. This included assessing whether the agreement provided for terms and conditions that were no worse off financially than the applicable modern award and whether it was consistent with the national workplace relations system. Additionally, the Commission needed to determine if the agreement appropriately balanced the interests of both employers and employees, ensuring that it was fair and reasonable.

The Commission carefully examined the provisions of the agreement and concluded that it did indeed meet the statutory requirements for approval. The agreement was found to offer terms and conditions that were not worse off financially than the relevant modern award. Furthermore, the Commission found that the agreement was consistent with the principles of the national workplace relations system, and it appropriately balanced the interests of both the Trust and the employees. The Commission also noted that the negotiation process was conducted in good faith and that the agreement reflected a reasonable compromise between the parties. Accordingly, the Commission approved the agreement and registered it as a modern award.

The Fair Work Commission's decision to approve and register the State Sport Centres Trust Enterprise Agreement 2021 as a modern award provides clarity and certainty for both the Trust and its employees. The Commission's thorough examination of the agreement and its determination that it met the necessary criteria under the Fair Work Act 2009 ensures that the agreement will now serve as a binding framework for the employment conditions of the Trust's workforce.

State Sports Centres Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established