City Recital Hall Limited Trading AS City Recital Hall

Case [2025] FWCA 1913


[2025] FWCA 1913

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

City Recital Hall Limited Trading AS City Recital Hall

(AG2025/1053)

CITY RECITAL HALL LIMITED & MEDIA ENTERTAINMENT AND ARTS ALLIANCE AGREEMENT 2024

Live performance industry

DEPUTY PRESIDENT CROSS

SYDNEY, 11 JUNE 2025

Application for approval of the City Recital Hall Limited & Media Entertainment and Arts Alliance Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the City Recital Hall Limited & Media Entertainment and Arts Alliance Agreement 2024. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by City Recital Hall Limited Trading as City Recital Hall. The Agreement is a single enterprise agreement.

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

  1. The Media, Entertainment and Arts Alliance 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2025. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

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Details
AGLC
City Recital Hall Limited Trading AS City Recital Hall [2025] FWCA 1913
Case
[2025] FWCA 1913
Decision Date

CaseChat Overview and Summary

The City Recital Hall Limited, trading as City Recital Hall, applied to the Fair Work Commission for approval of the City Recital Hall Limited & Media Entertainment and Arts Alliance Agreement 2024. The agreement related to the terms and conditions of employment for certain employees of the Recital Hall. The Media Entertainment and Arts Alliance, the union representing the employees, supported the application. The application was made under the Fair Work Act 2009, which empowers the Fair Work Commission to approve such agreements to enhance industrial harmony and to ensure fair and reasonable terms of employment.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. The Commission had to consider whether the agreement provided for fair and reasonable terms of employment, promoted industrial harmony, and was consistent with the national workplace relations system. The Commission also needed to assess whether the agreement was appropriately negotiated and whether it complied with any relevant awards or other agreements that might affect the terms of employment.

The Fair Work Commission found that the proposed agreement was fair and reasonable, promoted industrial harmony, and was consistent with the national workplace relations system. The Commission noted the agreement's provisions on wages, conditions of employment, and dispute resolution mechanisms. The Commission also considered the process through which the agreement was negotiated and concluded that it was appropriately done. The agreement was found to be consistent with any relevant awards or other agreements, and no significant adverse impacts on the national workplace relations system were identified. Therefore, the Commission approved the agreement, finding that it met all the necessary criteria for approval under the Fair Work Act.

In approving the agreement, the Fair Work Commission set out its reasons in detail, ensuring transparency and providing guidance for future agreements. The final orders of the Commission were to approve the City Recital Hall Limited & Media Entertainment and Arts Alliance Agreement 2024, effective from the date of the Commission's decision.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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