Melbourne Convention and Exhibition Trust T/A Melbourne Convention and Exhibition Centre

[2020] FWCA 1215

[2020] FWCA 1215

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Convention and Exhibition Trust T/A Melbourne Convention and Exhibition Centre
(AG2020/477)

Amusement, events and recreation industry
DEPUTY PRESIDENT CLANCY	MELBOURNE, 5 MARCH 2020

Application for approval of the Melbourne Convention and Exhibition Centre Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Convention and Exhibition Centre Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne Convention and Exhibition Trust. The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] I note that elements of Clauses 23 and 41.7 are inconsistent with the National Employment Standards (NES). However, given the NES precedence clause at Clause 3.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] I further note that Clause 21.2 ii of the Agreement provides that if an employee fails to provide Melbourne Convention and Exhibition Trust with the required period of notice of termination, it may withhold “monies” due to the employee under the Agreement or the NES to an amount not exceeding the amount the employee would have been paid under the Agreement in respect of the period of notice required by Clause 21.1 less any period of notice actually given by the employee. In my view, this clause may not be a permitted deduction within the meaning of s.324 of the Act if applied in relation to “monies” due that relate to untaken paid annual leave, and pursuant to s.326 of the Act is likely to have no effect to the extent that it is not a permitted deduction. However, notwithstanding my views on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved and does not represent a barrier to the approval of the Agreement.

[5] 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) and based on the statutory declaration provided by the MEAA, I note that the Agreement covers the MEAA.

[6] The Agreement was approved on 5 March 2020 and, in accordance with s.54, will operate from 12 March 2020. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE507325  PR717280 >