DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hayden Attractions Pty Ltd T/A Her Majesty’s Theatre, Melbourne
(AG2016/1674)

HER MAJESTY’S THREATRE (MELBOURNE) AGREEMENT 2016 - 2018

Live performance industry
COMMISSIONER ROE	MELBOURNE, 29 JULY 2016

Application for approval of the Her Majesty’s Theatre (Melbourne) Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Her Majesty’s Theatre (Melbourne) Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hayden Attractions Pty Ltd T/A Her Majesty’s Theatre, Melbourne. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] 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.

[5] The Agreement was approved on 29 July 2016 and, in accordance with s.54, will operate from 5 July 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hayden Attractions Pty Ltd, trading as Her Majesty’s Theatre in Melbourne, applied to the Fair Work Commission for approval of the Her Majesty’s Theatre (Melbourne) Agreement 2016-2018. The application was brought under the Fair Work Act 2009, which mandates that certain agreements must be approved by the Commission to be enforceable. The agreement in question was between Hayden Attractions Pty Ltd and the Australian Workers' Union, and it concerned the terms and conditions of employment for workers at the theatre.

The legal issues before the Commission were whether the agreement met the requirements for an enterprise agreement under the Fair Work Act and whether the agreement was made in good faith and for the purpose of establishing the terms and conditions of employment of the employees. The Commission also had to consider whether the agreement provided for a fair and efficient workplace, and if it contained any provisions that were contrary to public policy.

The Commission found that the agreement did meet the statutory requirements for an enterprise agreement and was made in good faith for the purpose of establishing the terms and conditions of employment. The Commission was satisfied that the agreement provided for a fair and efficient workplace and did not contain any provisions that were contrary to public policy. The agreement was therefore approved as a registered agreement under the Fair Work Act. The Commission's decision was based on its assessment of the evidence presented and its application of the relevant statutory provisions.

The Commission's approval of the agreement means that it is now a legally binding contract between Hayden Attractions Pty Ltd and the Australian Workers' Union, and it will govern the terms and conditions of employment for the workers at the theatre until the agreement expires or is replaced by a new agreement. The approval of the agreement also means that the parties are now bound by the terms of the agreement, and any disputes arising from the agreement must be resolved in accordance with the procedures set out in the agreement or, if necessary, by the Fair Work Commission.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established