DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Australian Football Commission Inc
(AG2015/4289)

PERTH STADIUM MANAGEMENT ENTERPRISE AGREEMENT 2015-2019

Amusement, events and recreation industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 11 SEPTEMBER 2015

Application for approval of the Perth Stadium Management Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Perth Stadium Management Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by West Australian Football Commission Inc. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from West Australian Football Commission Inc. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2015. The nominal expiry date of the Agreement is 11 September 2019.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the West Australian Football Commission Inc for approval of the Perth Stadium Management Enterprise Agreement 2015-2019. The dispute centred on the terms of the proposed agreement, which aimed to govern the employment conditions of certain workers employed by the commission in managing Perth Stadium. The commission sought the commission's approval for the agreement under the Fair Work Act 2009.

The central legal issue before the commission was whether the proposed agreement met the requirements of the Fair Work Act, specifically whether it provided fair and reasonable terms and conditions of employment. The commission needed to assess whether the agreement adhered to the principles of procedural fairness, whether it contained provisions that were genuinely negotiated, and whether it provided for fair and reasonable terms that did not undermine the minimum standards provided for under the National Employment Standards.

The commission examined the evidence presented by both parties and found that the agreement contained provisions that were genuinely negotiated and that the process of negotiation had been fair and reasonable. The commission also found that the terms and conditions of employment provided for in the agreement were fair and reasonable and did not undermine the minimum standards provided for under the National Employment Standards. The commission approved the agreement, finding that it met the requirements of the Fair Work Act.

Accordingly, the commission approved the Perth Stadium Management Enterprise Agreement 2015-2019. The agreement is now registered and will govern the employment conditions of the relevant workers employed by the commission in managing Perth Stadium.

West Australian Football Commission Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established