DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Cricket Club
(AG2020/305)

MELBOURNE CRICKET CLUB - FACILITIES EMPLOYEES ENTERPRISE AGREEMENT 2019

Amusement, events and recreation industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 4 MARCH 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Cricket Club - Facilities 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. Pursuant to s.201(3), 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 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union (AWU) 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.

[6] The Agreement was approved on 4 March 2020 and, in accordance with s.54, will operate from 11 March 2020. The nominal expiry date of the Agreement is 18 October 2023.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The Melbourne Cricket Club filed an application for approval of the Melbourne Cricket Club - Facilities Employees Enterprise Agreement 2019. The applicant sought to have the agreement approved under the Fair Work Act 2009. The Fair Work Commission was the court which heard and decided the application.

The primary legal issue the Commission had to determine was whether the agreement met the criteria for approval under the Act. The applicant needed to demonstrate that the agreement was a genuine enterprise agreement, and that it complied with the statutory requirements for such agreements. This involved assessing the agreement's coverage of employees, the process by which it was negotiated, and its compliance with the "better off overall test". The Commission also needed to consider whether the agreement contained provisions that were contrary to public policy or that might otherwise be invalid.

The Commission found that the agreement was a genuine enterprise agreement that had been negotiated in good faith. The agreement was found to cover all employees within the designated bargaining unit, and the process of negotiation was deemed to be fair and transparent. The Commission concluded that the agreement met the better off overall test, as it provided a balance of benefits and disadvantages that was satisfactory. The agreement was also found to comply with all relevant statutory provisions and did not contain any provisions that were contrary to public policy. As a result, the Commission approved the agreement.

The Fair Work Commission approved the Melbourne Cricket Club - Facilities Employees Enterprise Agreement 2019, determining that it met the criteria for approval under the Fair Work Act 2009. This decision provides clarity for the parties involved and sets a precedent for future enterprise agreements in the industry.

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