DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VenuesLive Management Services (NSW) Pty Ltd
(AG2017/5492)

VENUESLIVE MANAGEMENT SERVICES (NSW) CASUAL EMPLOYEES ENTERPRISE AGREEMENT 2017

Amusement, events and recreation industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 FEBRUARY 2018

Application for approval of the VenuesLive Management Services (NSW) Casual Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the VenuesLive Management Services (NSW) Casual Employees Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by VenuesLive Management Services (NSW) 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. 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 Australian 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.

[5] The Agreement was approved on 23 February 2018 and, in accordance with s.54, will operate from 2 March 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, VenuesLive Management Services (NSW) Pty Ltd applied for the approval of the VenuesLive Management Services (NSW) Casual Employees Enterprise Agreement 2017. The applicant, VenuesLive, sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The dispute arose from the negotiation and proposed terms and conditions of employment for casual employees within the company.

The key legal issues before the Commission were whether the agreement had been genuinely bargained, if it complied with the provisions of the Fair Work Act, and whether it met the requirements of the test for procedural fairness. The Commission needed to determine if the agreement was made in good faith and if the process leading to its creation was fair and just.

After considering the evidence and submissions from both parties, the Commission found that the agreement had been genuinely negotiated and met the legal criteria for approval. The Commission was satisfied that the agreement had been made without any undue influence or coercion, and the process was fair and transparent. The terms of the agreement were also considered to be in line with the provisions of the Fair Work Act and met the necessary standards for a valid enterprise agreement.

Consequently, the Commission approved the VenuesLive Management Services (NSW) Casual Employees Enterprise Agreement 2017, granting it registration as a registered enterprise agreement. This decision ensures that the terms and conditions set out in the agreement are legally enforceable for the casual employees of VenuesLive Management Services (NSW) Pty Ltd.

VenuesLive Management Services (NSW) 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