DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Cricket Club
(AG2019/4511)

MELBOURNE CRICKET CLUB EVENT EMPLOYEES ENTERPRISE AGREEMENT 2019

Amusement, events and recreation industry
COMMISSIONER YILMAZ	MELBOURNE, 10 MARCH 2020

Application for approval of the Melbourne Cricket Club Event Employees Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Cricket Club Event Employees Enterprise 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 Cricket Club. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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, will operate from 17 March 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Melbourne Cricket Club filed an application for the approval of the Melbourne Cricket Club Event Employees Enterprise Agreement 2019 before the Fair Work Commission. The dispute centred around whether the proposed enterprise agreement complied with the relevant legislative framework and if it could be considered as a lawful agreement that appropriately balanced the interests of both the employer and the employees.

The primary legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically regarding its coverage, bargaining scope, and procedural fairness. The Commission also had to determine whether the agreement provided fair and reasonable terms for the employees, including their wages, working conditions, and dispute resolution mechanisms.

The Commission found that the agreement was procedurally valid, having been negotiated in good faith and with adequate consultation. It further determined that the agreement contained terms and conditions that were fair and reasonable, considering the specific context of event employees at the Melbourne Cricket Club. The Commission took into account the nature of the work, the employer's business model, and the employees' needs. Consequently, the Fair Work Commission approved the Melbourne Cricket Club Event Employees Enterprise Agreement 2019, endorsing it as a lawful and equitable agreement.

Melbourne Cricket Club

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established