Melbourne & Olympic Park Trust T/A Melbourne Park Summary

[2025] FWCA 1242

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Melbourne & Olympic Park Trust T/A Melbourne Park

(AG2025/803)

MELBOURNE & OLYMPIC PARKS TRUST ENTERPRISE AGREEMENT 2024 - 2028

Amusement, events and recreation industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 14 APRIL 2025

Application for approval of the Melbourne & Olympic Parks Trust Enterprise Agreement 2024-2028

An application has been made for approval of an enterprise agreement known as the Melbourne & Olympic Parks Trust Enterprise Agreement 2024 – 2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne & Olympic Parks Trust trading as Melbourne Park. The Agreement is a single enterprise agreement.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Amusement, Events and Recreation Award 2020 is taken to be a term of the Agreement.

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. The undertakings are taken to be a term of the Agreement.

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 Media, Entertainment and Arts Alliance (MEAA) 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 MEAA supports approval of the Agreement.

I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

· Clause 6.1 – Annual Leave; and
· Clause 9.5(g) – Withholding monies at termination.

However, noting clause 1.3(d) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2025. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Melbourne & Olympic Park Trust, trading as Melbourne Park, and its employees. The Trust sought approval of a proposed enterprise agreement for the period 2024-2028. The dispute centered on various employment terms and conditions, including wages, working hours, and other workplace arrangements. The Fair Work Commission was the tribunal responsible for adjudicating on the application for approval.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the "better-off, overall test" and whether it contained any provisions that were contrary to the national employment standards or prohibited by law. Additionally, the Commission considered whether the agreement had been fairly negotiated and if it provided for a proper process for resolving workplace disputes.

In its decision, the Commission examined the proposed agreement in detail, taking into account submissions from both the Trust and the employees' representatives. The Commission found that the agreement did meet the better-off, overall test, as it provided for a fair and reasonable increase in wages and other benefits for the employees. The Commission also concluded that the agreement did not contain any provisions that were contrary to the national employment standards or otherwise unlawful. The Commission further found that the agreement had been fairly negotiated and included appropriate processes for resolving workplace disputes. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Melbourne & Olympic Parks Trust Enterprise Agreement 2024-2028, subject to the terms and conditions set out in the decision. The Trust and the employees' representatives were directed to provide the Commission with a copy of the signed agreement within 28 days of the decision. The approved agreement would then be registered with the Fair Work Commission, and the terms and conditions would apply to the employees from the agreed commencement date.

Melbourne & Olympic Park Trust T/A Melbourne Park

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established