DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Venue Industry Professionals Pty Ltd T/A VIPeople
(AG2016/1202)

VENUE INDUSTRY PROFESSIONALS EMPLOYEE ENTERPRISE AGREEMENT 2016

Amusement, events and recreation industry
COMMISSIONER ROE	MELBOURNE, 6 JULY 2016

Application for approval of the Venue Industry Professionals Employee Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Venue Industry Professionals Employee 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 Venue Industry Professionals Pty Ltd T/A VIPeople. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 6 July 2016 and, in accordance with s.54, will operate from 13 July 2016. The nominal expiry date of the Agreement is 6 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to the dispute were Venue Industry Professionals Pty Ltd trading as VIPeople and the Australian Workers' Union. The nature of the dispute was the application for approval of the Venue Industry Professionals Employee Enterprise Agreement 2016. The court involved in this matter was the Fair Work Commission (FWC).

The legal issues before the court were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the requirements for good faith bargaining, and if it contained the necessary minimum terms and conditions of employment as stipulated by the Act. Another issue was whether the agreement was in the best interests of the employees it covered.

The court examined the evidence presented by both parties and considered the nature of the bargaining process. It was noted that the bargaining had been conducted in good faith, with both parties engaging in meaningful discussions. The court also evaluated whether the agreement provided for terms and conditions that were no less favourable than the applicable awards or safety nets. After considering all the evidence, the court found that the agreement met the legal requirements and was in the best interests of the employees. The court approved the proposed enterprise agreement, noting that it provided for a fair and reasonable set of terms and conditions for the employees involved.

The final orders of the court were that the Venue Industry Professionals Employee Enterprise Agreement 2016 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement from the date of registration.

Venue Industry Professionals Pty Ltd T/A VIPeople

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established