Melbourne Cricket Club Summary

[2023] FWCA 2669

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Melbourne Cricket Club

(AG2023/2764)

MELBOURNE CRICKET CLUB EVENT EMPLOYEES ENTERPRISE AGREEMENT 2023

Amusement, events and recreation industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 AUGUST 2023

Application for approval of the Melbourne Cricket Club Event Employees Enterprise Agreement 2023

An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Melbourne Cricket Club Event Employees Enterprise Agreement 2023 (Agreement).

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 Media Entertainment & Arts Allowance 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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 29 August 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Melbourne Cricket Club sought approval from the Fair Work Commission for the Melbourne Cricket Club Event Employees Enterprise Agreement 2023. The application was made under section 234 of the Fair Work Act 2009, as the club and the relevant union could not reach an agreement. The dispute involved the terms and conditions of employment for event employees at the Melbourne Cricket Ground. The commission had to determine whether the agreement met the requirements of the Act and was in the best interests of the employees.

The legal issues before the commission included whether the agreement provided for a safety net of minimum wages and conditions, whether it was a good faith bargaining outcome, and whether it was fair and reasonable in all aspects. The commission also considered the views of the employees, as they were required to vote on the proposed agreement. The union argued that the agreement did not adequately protect employees' rights, while the club maintained that it provided a fair and reasonable outcome.

The commission found that the agreement met the requirements of the Act and was a good faith bargaining outcome. It considered the views of the employees, who voted in favour of the agreement, and determined that it was fair and reasonable in all aspects. The commission noted that the agreement provided for a safety net of minimum wages and conditions and that it was in the best interests of the employees. The commission approved the agreement, subject to certain conditions.

The final orders of the commission included the approval of the Melbourne Cricket Club Event Employees Enterprise Agreement 2023, subject to the conditions outlined in the decision. The commission also ordered that the agreement be registered with the Fair Work Commission and that it be given effect from the date of the decision. The club and the union were directed to take all necessary steps to give effect to the agreement, including providing notice to employees and updating relevant records.

Melbourne Cricket Club

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established