DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Recital Centre
(AG2020/3793)

MELBOURNE RECITAL CENTRE ENTERPRISE AGREEMENT 2020

Live performance industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 29 JANUARY 2021

Application for approval of the Melbourne Recital Centre Enterprise Agreement 2020.

[1] Melbourne Recital Centre (the Employer) has made an application for approval of an enterprise agreement known as the Melbourne Recital Centre Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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.

[4] The Media, Entertainment and Arts Alliance, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 29 January 2021 and, in accordance with s 54, will operate from 5 February 2021. The nominal expiry date of the Agreement is 17 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Melbourne Recital Centre, which sought approval for its Enterprise Agreement 2020. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The legal issues before the Commission centred around whether the agreement provided for the appropriate minimum entitlements for employees and whether it met the ‘better off overall’ test, ensuring that employees were not worse off under the new agreement than they would have been under their previous conditions.

The Fair Work Commission examined whether the proposed agreement adequately covered the minimum entitlements specified in the National Employment Standards and whether it provided for terms and conditions that were no less favourable than the applicable award or registered agreement. The Commission also considered whether the agreement met the ‘better off overall’ test, which requires that the majority of employees be no worse off financially under the new agreement. The Commission assessed the evidence and submissions provided by both the employer and the employees' representatives to make its determination.

After reviewing the evidence and submissions, the Fair Work Commission found that the Melbourne Recital Centre Enterprise Agreement 2020 did meet the necessary requirements for approval. The agreement provided for the appropriate minimum entitlements and ensured that employees were not worse off overall. The Commission approved the agreement, highlighting that it provided a fair and balanced outcome for both the employer and the employees.

As a result of the Commission's decision, the Melbourne Recital Centre Enterprise Agreement 2020 was approved and implemented, providing a new framework for the terms and conditions of employment for the employees of the Melbourne Recital Centre.

Melbourne Recital Centre

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established