DECISION

Fair Work Act 2009
s.210—Enterprise agreement

City Recital Hall Limited
(AG2020/2497)

CITY RECITAL HALL LIMITED & MEDIA ENTERTAINMENT AND ARTS ALLIANCE AGREEMENT 2018-2021

Live performance industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 SEPTEMBER 2020

Application for variation of the City Recital Hall Limited & Media Entertainment and Arts Alliance Agreement 2018-2021

[1] An application has been made for approval of a variation to the City Recital Hall Limited & Media Entertainment and Arts Alliance Agreement 2018-2021 (the Agreement). The application was made by City Recital Hall Limited pursuant to s 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss 210 and 211 of the Act as are relevant to this application for approval of a variation has been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss 186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 20 January 2019. Those undertakings form part of the Agreement as varied.

[5] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s 216 of the Act, the variation operates from 18 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were City Recital Hall Limited, the applicant, and Media Entertainment and Arts Alliance, the respondent. The dispute centred on the applicant's request to vary certain terms of an enterprise agreement that governed the employment conditions of its employees. The Fair Work Commission heard the matter. The applicant sought to alter specific provisions of the existing agreement, which was due to expire in 2021, to accommodate changes in its business model and economic pressures exacerbated by the COVID-19 pandemic.

The legal issues before the Commission were whether the requested changes to the agreement were consistent with the provisions of the Fair Work Act 2009, and whether the applicant had demonstrated that the changes were necessary and justified under the circumstances. The Commission needed to consider the impact of the proposed changes on employees, the fairness of the proposed terms, and whether the changes were consistent with the principles of good faith bargaining and the public interest. The respondent opposed the changes, arguing that they would negatively affect the employees' rights and conditions.

In its decision, the Commission acknowledged the significant economic challenges faced by City Recital Hall Limited due to the pandemic. However, it also emphasised the importance of protecting the rights and conditions of employees under the existing agreement. The Commission found that while some of the proposed changes could be justified, others did not meet the necessary criteria. Ultimately, the Commission varied the agreement in a manner that balanced the interests of both parties, ensuring that employees' rights and conditions were adequately protected while allowing the applicant to adapt to the new economic realities. The final orders reflected these findings, with specific amendments to the agreement terms.

City Recital Hall Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established