DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Market Authority
(AG2017/3401)

MELBOURNE MARKET AUTHORITY ENTERPRISE AGREEMENT 2016

State and Territory government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 NOVEMBER 2017

Application for approval of the Melbourne Market Authority Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Market Authority 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 Market Authority. 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 Municipal, Administrative, Clerical and Services 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 24 November 2017. The nominal expiry date of the Agreement is 16 November 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by the Melbourne Market Authority to approve the Enterprise Agreement 2016, which was to govern the employment conditions of its workers. The applicants sought approval under section 233 of the Fair Work Act 2009, arguing that the agreement contained terms that were necessary for the economic viability of the business and provided for fair and reasonable terms and conditions of employment for the employees.

The legal issues before the Commission involved determining whether the agreement met the statutory criteria for approval, including whether it facilitated the achievement of a productive workplace relationship, was fair and reasonable, and contained terms that were necessary for the economic viability of the business. The Commission also needed to consider the views of employees, as well as the implications of the agreement on the broader labour market.

In delivering its decision, the Commission found that the proposed agreement met the statutory criteria for approval. It facilitated a productive workplace relationship by providing for clear and fair terms and conditions of employment, while also addressing the economic viability of the business. The Commission noted that the agreement provided for reasonable working hours, adequate pay rates, and appropriate leave entitlements, among other things. The Commission also considered the views of employees, finding that the majority supported the agreement. Ultimately, the Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and was necessary for the economic viability of the business.

The Fair Work Commission approved the Melbourne Market Authority Enterprise Agreement 2016, subject to certain conditions and modifications. The Commission ordered that the agreement be registered with the Fair Work Commission and that it would be in effect from the date of registration. The Commission also directed that certain provisions of the agreement be modified to address concerns raised by employees, including provisions relating to shift rosters and penalty rates. Overall, the decision provides a useful guide for employers and employees seeking to negotiate and approve enterprise agreements that meet the statutory criteria for approval.

Melbourne Market Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established