Melbourne & Olympic Parks Trust T/A Melbourne & Olympic Parks

[2022] FWCA 2543

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Melbourne & Olympic Parks Trust T/A Melbourne & Olympic Parks

(AG2022/2444)

Melbourne & Olympic Parks Maintenance and Horticulture Enterprise Agreement 2021 - 2025

Amusement, events and recreation industry
COMMISSIONER MIRABELLA	MELBOURNE, 28 JULY 2022

Application for approval of the Melbourne & Olympic Parks Maintenance and Horticulture Enterprise Agreement 2021-2025.

Melbourne & Olympic Parks Trust T/A Melbourne & Olympic Parks (the Employer) has made an application for approval of an enterprise agreement known as the Melbourne & Olympic Parks Maintenance and Horticulture Enterprise Agreement 2021-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 28 July 2022 and, in accordance with s.54, will operate from 4 August 2022. The nominal expiry date of the Agreement is 31 October 2025.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Melbourne & Olympic Parks Trust for approval of the Melbourne & Olympic Parks Maintenance and Horticulture Enterprise Agreement 2021-2025. The Trust, which operates various public parks and sports facilities in Melbourne, sought to formalise terms and conditions for its maintenance and horticulture workforce over the next four years. The application was contested by the Public Service Association of Victoria, which raised concerns about certain aspects of the proposed agreement.

The central legal issues the Commission had to address involved whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of ensuring that it did not adversely affect employees' conditions. The Commission had to examine the provisions related to pay rates, penalties for unauthorised absences, and the definition of 'work' to ensure they were fair and reasonable. Additionally, the Commission assessed whether the agreement met the criteria for being a single, indivisible package, and whether it provided for genuine employee consultation.

The Fair Work Commission found that the proposed agreement was largely compliant with the Fair Work Act. It determined that the pay rates and other conditions offered were fair and reasonable, taking into account the economic environment and the needs of both the employees and the Trust. The penalties for unauthorised absences were deemed to be proportionate and necessary for maintaining operational efficiency. The definition of 'work' was found to be clear and consistent with industry standards. The Commission concluded that the agreement was a single, indivisible package and that the consultation process was robust and met legal standards. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Melbourne & Olympic Parks Maintenance and Horticulture Enterprise Agreement 2021-2025, effective from 1 March 2021. This decision provides certainty for both the Trust and its employees, ensuring that the agreement supports operational needs while maintaining fair employment conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established