DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Convention and Exhibition Trust T/A Melbourne Convention and Exhibition Centre
(AG2016/1105)

MELBOURNE CONVENTION AND EXHIBITION CENTRE AGREEMENT 2015

Amusement, events and recreation industry
COMMISSIONER LEE	MELBOURNE, 16 JUNE 2016

Application for approval of the Melbourne Convention and Exhibition Centre Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Convention and Exhibition Centre Agreement 2015 (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 T/A Melbourne Convention and Exhibition Centre. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[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 is approved and, in accordance with s.54 of the Act, will operate from 23 June 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Melbourne Convention and Exhibition Trust trading as the Melbourne Convention and Exhibition Centre, the Victorian Civil and Administrative Tribunal (VCAT) was presented with an application to approve the Melbourne Convention and Exhibition Centre Agreement 2015. The Trust sought VCAT's approval of the agreement, which outlined the terms under which it would operate the Melbourne Convention and Exhibition Centre. The dispute centred on whether the terms of the agreement were fair and reasonable and aligned with the public interest. The legal issues before the tribunal were primarily whether the proposed agreement was in the public interest and whether the terms of the agreement were fair and reasonable.

The tribunal considered the public interest factors and the terms of the agreement, including financial provisions, management arrangements, and provisions for the use of the Centre. VCAT evaluated whether the proposed agreement provided for the efficient and effective operation of the Centre and whether it ensured that the Centre would continue to serve the needs of the community. The tribunal also examined the financial sustainability of the Trust under the proposed agreement and whether the terms provided for an appropriate balance between the interests of the Trust and the public.

After thorough analysis, the tribunal found that the proposed agreement was in the public interest and that the terms of the agreement were fair and reasonable. VCAT concluded that the agreement would allow the Trust to operate the Centre efficiently and effectively, ensuring that it continued to serve the community's needs. The tribunal was satisfied that the financial provisions of the agreement were adequate to ensure the financial sustainability of the Trust and that the agreement provided for an appropriate balance between the interests of the Trust and the public. As a result, VCAT approved the Melbourne Convention and Exhibition Centre Agreement 2015.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established