DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne & Olympic Parks Trust T/A Melbourne & Olympic Parks
(AG2014/10049)

MELBOURNE & OLYMPIC PARKS ENTERPRISE AGREEMENT 2013 - 2016

Amusement, events and recreation industry
COMMISSIONER CRIBB	MELBOURNE, 16 DECEMBER 2014

Application for approval of the Melbourne & Olympic Parks Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne & Olympic Parks Enterprise Agreement 2013 - 2016. (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] An undertaking has been given with respect to casual employees and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertaking referred to above, 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.

[4] The Media, Entertainment and Arts Alliance (MEAA) being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement was approved in Chambers on 16 December 2014 and, in accordance with s.54 of the Act, will operate from 23 December 2014. The nominal expiry date of the Agreement is 30 June 2016.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Melbourne & Olympic Parks Trust, trading as Melbourne & Olympic Parks, and its employees represented by the Australian Services Union. The Trust sought approval of the Enterprise Agreement 2013-2016, which included various terms and conditions of employment. The dispute came before the Fair Work Commission. The legal issues before the Commission centred on whether the proposed enterprise agreement was fair and reasonable, and if it complied with the relevant legislative framework. This included examining the agreement's terms in relation to wages, conditions, dispute resolution, and procedural fairness.

The Fair Work Commission evaluated the agreement by considering the principles of procedural fairness, the content of the agreement, and the interests of the employees. The Commission assessed whether the agreement provided for fair and reasonable terms and conditions for the employees and whether it was made in good faith. The Commission also examined the process by which the agreement was negotiated and whether it complied with the requirements of the Fair Work Act 2009. The Commission found that the agreement was fair and reasonable and had been made in good faith, and approved the Enterprise Agreement 2013-2016.

The Fair Work Commission determined that the agreement was appropriate for approval as it met the criteria outlined in the Fair Work Act 2009. The agreement was deemed to be procedurally fair, with proper negotiations taking place, and it contained terms and conditions that were fair and reasonable for the employees. The Commission also found that the agreement complied with all relevant legislative requirements. The Commission approved the Enterprise Agreement 2013-2016, effective from the date of the decision. This decision ensured that the agreement would be legally binding and enforceable, providing a framework for the employment relationship between Melbourne & Olympic Parks Trust and its employees.

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