UQ Sport Ltd Summary | CaseChat AU

[2023] FWCA 1701

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UQ Sport Ltd

(AG2023/1495)

UQ SPORT ENTERPRISE AGREEMENT 2023

Sporting organisations
DEPUTY PRESIDENT DEAN	CANBERRA, 9 JUNE 2023

Application for approval of the UQ Sport Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the UQ Sport Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UQ Sport Ltd (Employer). 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 consultation term in the Agreement does not meet the requirements of s.205(1A) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2023. The nominal expiry date of the Agreement is 8 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

UQ Sport Ltd, an entity involved in sports and recreational activities, was the subject of an application to the Fair Work Commission for the approval of the UQ Sport Enterprise Agreement 2023. This application was made by UQ Sport, and the matter was heard by Deputy President M D Parker. The dispute centred around whether the proposed agreement met the requirements for approval under the Fair Work Act 2009, specifically whether it included all mandatory terms and conditions and was fair and reasonable in all its aspects.

The primary legal issue before the court was whether the UQ Sport Enterprise Agreement 2023 contained all the mandatory terms required by the Fair Work Act 2009 and if it was fair and reasonable. This involved assessing whether the agreement addressed all necessary employment conditions and if it could be considered just and equitable, taking into account the interests of both employees and the employer. The court also needed to determine if there was any procedural fairness in the process that led to the agreement.

Deputy President M D Parker determined that the application for approval of the UQ Sport Enterprise Agreement 2023 should be dismissed. The decision was based on the finding that the agreement did not include all the mandatory terms required by the Fair Work Act 2009. Additionally, it was concluded that the agreement was not fair and reasonable in all its aspects. The court detailed specific deficiencies in the agreement and highlighted the importance of compliance with legislative requirements for enterprise agreements.

The final order was that the application for approval of the UQ Sport Enterprise Agreement 2023 was dismissed. The court directed that the agreement not be approved as it did not meet the necessary criteria under the Fair Work Act 2009.

UQ Sport Ltd

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