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

[2014] FWCA 3403

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hayden Attractions Pty Ltd T/A Her Majesty’s Theatre, Melbourne
(AG2014/6059)

HER MAJESTY’S THEATRE (MELBOURNE) AGREEMENT 2014 - 2015

Live performance industry
COMMISSIONER CRIBB	MELBOURNE, 22 MAY 2014

Application for approval of the Her Majesty’s Theatre (Melbourne) Agreement 2014 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Her Majesty’s Theatre (Melbourne) Agreement 2014 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made 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.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 22 May 2014 and, in accordance with s.54 of the Act, will operate from 29 May 2014. The nominal expiry date of the Agreement is 31 December 2015.

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 2014-2015. The agreement was intended to regulate the employment conditions of the theatre's staff. The application came before the Commission as there were concerns about the agreement's compliance with the Fair Work Act 2009 and its fairness to the employees involved.

The legal issues the court had to resolve were whether the agreement met the criteria for approval under the Fair Work Act, including whether it provided for the proper and efficient operation of the workplace and whether it ensured fair and reasonable terms for the employees. The Commission also had to consider if the agreement was genuinely negotiated and if it included adequate provisions for the resolution of workplace disputes.

The Fair Work Commission assessed the agreement in light of the legislative criteria and determined that it was fair and reasonable. The Commission found that the agreement included provisions for efficient workplace operations and ensured fair terms for the employees. It was satisfied that the agreement was genuinely negotiated and contained appropriate mechanisms for resolving workplace disputes. Based on this assessment, the Commission approved the agreement, stating that it met the necessary criteria for endorsement.

The final orders of the Commission included the approval of the Her Majesty’s Theatre (Melbourne) Agreement 2014-2015, which was to be registered and enforceable under the Fair Work Act. The approval was conditional on the agreement being implemented as per its terms, with ongoing compliance to be monitored by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established