VenuesLive Management Services (NSW) Pty Ltd Summary

[2021] FWCA 6569

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VenuesLive Management Services (NSW) Pty Ltd
(AG2021/8042)

APPLICATION FOR APPROVAL OF THE VENUESLIVE MANAGEMENT SERVICES (NSW) CASUAL EMPLOYEES ENTERPRISE AGREEMENT 2021

Amusement, events and recreation industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 5 NOVEMBER 2021

Application for approval of the VenuesLive Management Services (NSW) Casual Employees Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Venueslive Management Services (NSW) Casual Employees Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 12 November 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved VenuesLive Management Services (NSW) Pty Ltd, an employer, and its casual employees, represented by the Hospitality Workers Union. The dispute centred on the application for approval of the VenuesLive Management Services (NSW) Casual Employees Enterprise Agreement 2021. The applicants sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009.

The legal issues before the commission were whether the agreement met the requirements for approval under the Act, including whether it complied with the process provisions, and whether it provided for a genuine agreement. A particular focus was on whether the agreement's process provisions, which required union membership as a condition of employment, complied with the Act. The commission also considered whether the agreement provided for fair and reasonable terms and conditions, including the requirement for union membership.

The commission found that the agreement met the requirements for approval under the Act. It held that the process provisions were compliant, as they were not so onerous as to prevent the agreement from being made. The commission also determined that the requirement for union membership was a genuine agreement, as it was necessary to ensure the effective representation of the casual employees. The commission further found that the agreement provided for fair and reasonable terms and conditions, including the requirement for union membership. The commission approved the agreement as a registered enterprise agreement under the Act.

The commission's final order was that the VenuesLive Management Services (NSW) Casual Employees Enterprise Agreement 2021 be approved and registered as a registered enterprise agreement under the Fair Work Act 2009. The agreement would now apply to the casual employees of VenuesLive Management Services (NSW) Pty Ltd, and would remain in effect until it was varied or terminated in accordance with the Act.

VenuesLive Management Services (NSW) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established