DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Cricket Club
(AG2016/782)

MELBOURNE CRICKET CLUB – FACILITIES EMPLOYEES ENTERPRISE AGREEMENT 2015

Amusement, events and recreation industry
COMMISSIONER GREGORY	MELBOURNE, 10 MAY 2016

Application for approval of the Melbourne Cricket Club - Facilities Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Cricket Club - Facilities Employees Enterprise 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 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.

[4] The Australian Workers’ Union 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 17 May 2016. The nominal expiry date of the Agreement is 18 October 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 – Facilities Employees Enterprise Agreement 2015, under section 234 of the Fair Work Act 2009. The applicant argued that the proposed agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The decision was brought before the Fair Work Commission, which was required to consider whether the agreement met the requirements of the Act.

The central legal issue before the Commission was whether the proposed enterprise agreement was fair and reasonable, and whether it met the criteria for approval under section 231 of the Act. The Commission considered whether the agreement provided for terms and conditions of employment that were no less favourable than the applicable award or safety net award, and whether it provided for procedural fairness in the negotiation process. The Commission also considered whether the agreement provided for terms and conditions of employment that were in the best interests of the employees.

The Fair Work Commission found that the proposed enterprise agreement met the criteria for approval under the Act. The Commission found that the agreement provided for terms and conditions of employment that were no less favourable than the applicable award or safety net award, and that it provided for procedural fairness in the negotiation process. The Commission also found that the agreement provided for terms and conditions of employment that were in the best interests of the employees, as it provided for reasonable working hours, adequate pay, and other benefits. The Commission approved the Melbourne Cricket Club – Facilities Employees Enterprise Agreement 2015, subject to certain conditions.

The Fair Work Commission made an order approving the Melbourne Cricket Club – Facilities Employees Enterprise Agreement 2015, subject to certain conditions. The Commission directed that the agreement be registered with the Fair Work Commission, and that a copy of the agreement be provided to the parties. The Commission also directed that the agreement be published on the Fair Work Commission's website, and that any variations to the agreement be approved by the Commission.

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