DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UWA Sport Pty Ltd
(AG2016/7476)

UWA SPORT ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 3 FEBRUARY 2017

Application for approval of the UWA Sport Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the UWA Sport Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UWA Sport Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement was approved on 3 February 2017 and, in accordance with s.54, will operate from 10 February 2017. The nominal expiry date of the Agreement is 2 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of UWA Sport Pty Ltd, the applicant sought approval of the UWA Sport Enterprise Agreement 2016. The dispute arose from a disagreement over the terms of the enterprise agreement between the employer and the employees, specifically concerning the classification and remuneration of certain positions. The case was heard in the Fair Work Commission. The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly those concerning the protection of employee rights and the fairness of the terms and conditions of employment.

The Commission carefully examined the provisions of the agreement and considered submissions from both parties. It determined that the agreement generally met the requirements for approval, despite some concerns raised by the applicant regarding certain classifications. The Commission concluded that the classifications and remuneration proposed in the agreement were fair and reasonable, taking into account the nature of the work and the broader economic context. The Commission also found that the agreement provided adequate protections for employee rights and did not unfairly disadvantage any group of employees.

Following its analysis, the Commission approved the UWA Sport Enterprise Agreement 2016, subject to certain conditions. These conditions were aimed at ensuring ongoing compliance with the Fair Work Act and the protection of employee rights. The applicant was directed to implement the agreement and adhere to its terms, while the employees were granted the benefits and protections outlined in the approved agreement. The Commission's decision provided clarity and certainty for both parties, allowing the enterprise agreement to take effect and govern the employment relationship between UWA Sport and its employees.

UWA Sport Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established