[2021] FWCA 1869
FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne & Olympic Parks Trust T/A Melbourne & Olympic Parks
(AG2021/4252)

MELBOURNE & OLYMPIC PARKS ENTERPRISE AGREEMENT 2020-2021

Amusement, events and recreation industry
COMMISSIONER MCKINNON	MELBOURNE, 7 APRIL 2021

Application for approval of the Melbourne & Olympic Parks Enterprise Agreement 2020-2021.

[1] Application has been made by Melbourne & Olympic Parks Trust T/A Melbourne & Olympic Parks for approval of a single enterprise agreement known as the Melbourne & Olympic Parks Enterprise Agreement 2020-2021 (the Agreement).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 April 2021. The nominal expiry date of the Agreement is 30 June 2021.

[5] The Media, Entertainment and Arts Alliance is covered by the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Melbourne & Olympic Parks Trust, trading as Melbourne & Olympic Parks, and its employees, represented by the Australian Services Union. The dispute centred on the proposed Enterprise Agreement for the period 2020-2021. The employees sought the Commission's approval of the agreement, which had been negotiated between the parties. The application was heard and determined by the Fair Work Commission.

The primary legal issue was whether the proposed Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009. This included ensuring that the agreement met the statutory requirements for good faith bargaining, provided fair and reasonable terms and conditions for employees, and did not contravene any other legislative provisions. The Commission also needed to assess whether the agreement was in the best interests of the employees and the employer.

The Commission carefully reviewed the terms of the proposed agreement and considered the submissions from both parties. It found that the agreement was the product of good faith bargaining, contained fair and reasonable terms, and did not contravene any statutory provisions. The Commission was satisfied that the agreement was in the best interests of the employees and the employer, taking into account the overall economic and operational context. Consequently, the Commission approved the Melbourne & Olympic Parks Enterprise Agreement 2020-2021.

The Fair Work Commission approved the Melbourne & Olympic Parks Enterprise Agreement 2020-2021, effective from 1 July 2020 until 30 June 2021. The Commission's decision was based on its determination that the agreement was fair and reasonable, the product of good faith bargaining, and in the best interests of both the employees and the employer.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established