DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hayden Attractions Pty Ltd T/A Her Majesty’s Theatre
(AG2019/1287)

HER MAJESTY’S THEATRE (MELBOURNE) AGREEMENT 2019-2021

Live performance industry
COMMISSIONER PLATT	ADELAIDE, 10 JULY 2019

Application for approval of the Her Majesty’s Theatre (Melbourne) Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Her Majesty’s Theatre (Melbourne) Agreement 2019-2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Hayden Attractions Pty Ltd T/A Her Majesty’s Theatre. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 27 June 2019.

[3] On 1 July 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 1 July 2019. The undertaking deals with the following topics:

• The Applicant has inserted a National Employment Standards (NES) precedence clause.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[8] The “Media, Entertainment and Arts Alliance (MEAA)”, 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) of the Act I note that the Agreement covers this organisation.

[9] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 17 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hayden Attractions Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The enterprise agreement was made between Hayden Attractions Pty Ltd and its employees. The dispute arose when the employees sought approval of the agreement under the Fair Work Act 2009. The Fair Work Commission heard the matter and had to decide whether the agreement complied with the requirements of the Act.

The key legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements set out in the Fair Work Act. The Commission had to consider if the agreement met the procedural fairness standards and whether it contained the necessary provisions to be approved under the Act. Another issue was whether the agreement covered all the relevant employees and if it provided for proper bargaining.

The Fair Work Commission found that the agreement was procedurally fair and met the requirements of the Fair Work Act. The Commission concluded that the agreement was properly negotiated and contained all the necessary provisions. The Commission also found that the agreement covered all the relevant employees and provided for proper bargaining. The Commission approved the enterprise agreement, finding it to be in compliance with the Act.

In summary, Hayden Attractions Pty Ltd applied for approval of the enterprise agreement. The Fair Work Commission considered the legal issues and found that the agreement complied with the statutory requirements. The Commission approved the agreement, and no further orders were made.

Hayden Attractions Pty Ltd T/A Her Majesty’s Theatre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established