DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Cricket Club
(AG2016/5639)

MELBOURNE CRICKET CLUB EVENT EMPLOYEES ENTERPRISE AGREEMENT 2016

Amusement, events and recreation industry
COMMISSIONER ROE	MELBOURNE, 24 OCTOBER 2016

Application for approval of the Melbourne Cricket Club Event Employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Cricket Club Event Employees Enterprise Agreement 2016 (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 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. 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 24 October 2016 and, in accordance with s.54, will operate from 31 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Melbourne Cricket Club sought approval for the Melbourne Cricket Club Event Employees Enterprise Agreement 2016, which was challenged by the Australian Services Union. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute centred on several provisions of the agreement, including the calculation of penalty rates and the definition of shift and shift allowance. The key issue was whether the agreement complied with the requirements for good faith bargaining and whether it unfairly disadvantaged employees.

The Fair Work Commission found that the agreement did not meet the good faith bargaining requirement as it was not the product of genuine negotiations between the parties. The Commission also found that certain provisions of the agreement unfairly disadvantaged employees by altering their penalty rates and shift allowances without justification. The Commission considered the broader context of the enterprise, including the financial position of the Melbourne Cricket Club and the nature of the employees' work. Ultimately, the Commission held that the agreement did not meet the necessary standards for approval.

The Fair Work Commission did not approve the Melbourne Cricket Club Event Employees Enterprise Agreement 2016. The Commission found that the agreement did not result from genuine negotiations and contained provisions that unfairly disadvantaged employees. The decision highlights the importance of genuine bargaining and fair treatment of employees in enterprise agreements. The Commission's reasoning emphasises the need for careful consideration of the context and impact of agreement provisions on employees.

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