Melbourne Recital Centre

[2022] FWCA 2039

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Melbourne Recital Centre

(AG2022/1782)

Melbourne Recital Centre Enterprise Agreement 2021-2024

Live performance industry
COMMISSIONER LEE	MELBOURNE, 21 JUNE 2022

Application for approval of the Melbourne Recital Centre Enterprise Agreement 2021-2024

An application has been made for approval of an enterprise agreement known as the Melbourne Recital Centre 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 Recital Centre. 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.

I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

· Clause 13.2(h) – Personal and carer’s leave.

However, noting clause 2.3(e) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2022. The nominal expiry date of the Agreement is 17 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Melbourne Recital Centre Enterprise Agreement 2021-2024. The parties to the dispute were the employer, Melbourne Recital Centre, and the trade union, the Media, Entertainment and Arts Alliance (MEAA). The dispute centred on the proposed terms and conditions of employment as outlined in the enterprise agreement, with the union seeking approval for the agreement to be registered by the Fair Work Commission. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for the mandatory matters set out in section 234 of the Act, and whether it was an in-principle agreement as required by section 232 of the Act. The Commission considered the provisions of the agreement in light of the statutory criteria and the broader principles of fairness and good faith bargaining. The Commission also assessed whether the agreement had been genuinely negotiated between the parties and whether it included appropriate mechanisms for resolving disputes.

The Fair Work Commission found that the Melbourne Recital Centre Enterprise Agreement 2021-2024 contained provisions that covered the mandatory matters specified in section 234 of the Fair Work Act. The Commission determined that the agreement was an in-principle agreement, as it provided for the resolution of disputes and included provisions that promoted harmonious, productive, and cooperative workplace relations. The Commission was satisfied that the agreement had been genuinely negotiated between the parties and that it met the requirements for approval under the Act. Consequently, the Commission approved the agreement, which will now be registered and binding on the parties.

The Fair Work Commission approved the Melbourne Recital Centre Enterprise Agreement 2021-2024, finding it to be an in-principle agreement that met the legal requirements for approval under the Fair Work Act. The agreement will now be registered and will set out the terms and conditions of employment for the relevant employees. This decision provides certainty for the employer and employees regarding their rights and obligations under the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established