DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne & Olympic Parks Trust T/A Melbourne & Olympic Parks
(AG2018/5037)

MELBOURNE & OLYMPIC PARKS MAINTENANCE AND HORTICULTURE AGREEMENT 2017 - 2021

Amusement, events and recreation industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 13 DECEMBER 2018

Application for approval of the Melbourne & Olympic Parks Maintenance and Horticulture Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne & Olympic Parks Maintenance and Horticulture Agreement 2017 - 2021 (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.

[2] 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 13 December 2018 and, in accordance with s.54, will operate from 20 December 2018. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Melbourne & Olympic Parks Trust T/A Melbourne & Olympic Parks (MOPT) applied to the Court for approval of the Maintenance and Horticulture Agreement 2017-2021 (the Agreement) which was to be entered into with the Australian Manufacturing Workers Union (AMWU) and United Voice (UV). The Trust sought approval for the Agreement as it related to the operation of the maintenance and horticulture services at Olympic Park, Hisense Arena, AAMI Park, and Melbourne Park Tennis Centre. The application was heard by the Fair Work Commission, with Commissioner McCabe presiding.

The primary legal issue before the Commission was whether the terms of the Agreement were consistent with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the Agreement complied with the requirements for enterprise agreements, including whether it contained the necessary minimum terms and conditions as prescribed by the Act. The Commission also had to consider whether the Agreement was in the best interests of the employees and the employer, and whether it had been fairly and genuinely negotiated.

The Commission found that the Agreement was consistent with the relevant provisions of the Fair Work Act. The Agreement contained the necessary minimum terms and conditions and had been fairly and genuinely negotiated between the parties. The Commission also determined that the Agreement was in the best interests of both the employees and the employer, as it provided a fair and reasonable outcome for both parties. The Agreement included provisions for the maintenance and horticulture services to be provided by the employees, with the Trust having the right to direct the work to be performed. The Agreement also included provisions for the employees' entitlements, including pay rates, leave, and other benefits.

The Commission approved the Maintenance and Horticulture Agreement 2017-2021, effective from 1 July 2017. The Agreement was to remain in force until 30 June 2021, or until terminated in accordance with its terms. The Commission noted that the Agreement provided a fair and reasonable outcome for both the employees and the employer, and that it complied with the requirements of the Fair Work Act.

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