City Recital Hall Limited Summary

[2021] FWCA 7265

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City Recital Hall Limited
(AG2021/8657)

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

Live performance industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 DECEMBER 2021

Application for approval of the City Recital Hall & Media Entertainment and Arts Alliance Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the City Recital Hall & Media Entertainment and Arts Alliance Agreement 2021 (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. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the Agreement.

[3] Question 20 on the Form F17 indicates that on 11 November 2021 Employees were provided with details of the vote, with the vote taking place on the 18 November 2021. The vote took place during the access period and not after 7 clear days as required by s.180(3) of the Act. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[4] 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.

[5] I note that Clause 28.4 may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

Annexure A

CaseChat Overview and Summary

The City Recital Hall Limited brought an application to the Fair Work Commission, seeking approval of an enterprise agreement with the Media Entertainment and Arts Alliance. The agreement was aimed at addressing various employment conditions, wages, and other related matters for employees within the City Recital Hall. The Commission was required to determine whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement contained all the required provisions and if it complied with the good faith bargaining requirements. Additionally, the Commission had to consider if the agreement met the better-off-overall test, ensuring that employees would not be worse off financially. The Commission also needed to assess whether the agreement provided for a reasonable process to resolve disputes.

In delivering its decision, the Commission found that the proposed agreement met all the statutory requirements. The Commission noted that the agreement contained all necessary provisions and was a product of good faith bargaining. It was concluded that the agreement satisfied the better-off-overall test and provided for a fair process to resolve disputes. Consequently, the Commission approved the City Recital Hall & Media Entertainment and Arts Alliance Agreement 2021.

The Fair Work Commission approved the City Recital Hall & Media Entertainment and Arts Alliance Agreement 2021, recognising it as a lawful and fair agreement. The approval was based on the findings that the agreement contained all required provisions, was a product of good faith bargaining, met the better-off-overall test, and provided a reasonable process for resolving disputes.

City Recital Hall Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established