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

[2022] FWCA 2338

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/2211)

Melbourne & Olympic Parks Enterprise Agreement 2021 - 2024

Amusement, events and recreation industry
COMMISSIONER WILSON	MELBOURNE, 13 JULY 2022

Application for approval of the Melbourne & Olympic Parks Enterprise Agreement 2021-2024

An application has been made for approval of an enterprise agreement known as the Melbourne & Olympic Parks Enterprise Agreement 2021-2024 (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 T/A Melbourne & Olympic Parks. The Agreement is a single enterprise 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 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 20 July 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Melbourne & Olympic Parks Trust trading as Melbourne & Olympic Parks, sought approval of an enterprise agreement for its employees, represented by the National Tertiary Education Union. The dispute centred on the terms and conditions of employment for the workforce, including pay rates, hours of work, leave provisions, and other workplace standards. The Fair Work Commission was tasked with determining whether the agreement was fair and appropriate for the employees and if it met the legal standards set out in the Fair Work Act.

The legal issues before the Commission were whether the proposed agreement complied with the formal requirements of the Fair Work Act, whether it was procedurally sound, and if it provided for fair and appropriate terms and conditions for the employees. The Commission had to assess the fairness of the agreement by considering various factors, including the bargaining power of the parties, the economic circumstances of the enterprise, and the impact of the agreement on the employees' work-life balance and overall wellbeing.

The Fair Work Commission found that the proposed enterprise agreement was fair and appropriate for the employees. The Commission considered that the agreement was the product of genuine and fair bargaining, met the formal requirements of the Fair Work Act, and provided for terms and conditions that were fair and reasonable in all respects. The Commission also noted that the agreement provided for a number of benefits for the employees, including increased pay rates, improved leave provisions, and better work-life balance. The Commission was satisfied that the agreement was in the best interests of the employees and approved the application for the enterprise agreement.

The Fair Work Commission approved the Melbourne & Olympic Parks Enterprise Agreement 2021-2024. The agreement will now apply to the employees of the applicant and will remain in force until such time as it is terminated or replaced by a new agreement. The employees will now be entitled to the terms and conditions set out in the approved agreement, including the pay rates, leave provisions, and other workplace standards. The decision of the Fair Work Commission is final and binding on both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established