DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Recital Centre
(AG2016/6391)

MELBOURNE RECITAL CENTRE ENTERPRISE AGREEMENT 2015

Live performance industry
COMMISSIONER LEE	MELBOURNE, 10 NOVEMBER 2016

Application for approval of the Melbourne Recital Centre Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Recital Centre Enterprise Agreement 2015 (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.

[2] The Applicant 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.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 November 2016. The nominal expiry date of the Agreement is 17 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Melbourne Recital Centre Enterprise Agreement 2015. The application was made by the employer, the Melbourne Recital Centre, and the respondents were the unions representing the employees. The dispute centred around the terms of the proposed enterprise agreement, which aimed to regulate the employment conditions of the employees.

The primary legal issues that the court had to address were whether the proposed agreement complied with the relevant statutory requirements under the Fair Work Act 2009, and if it contained provisions that were procedurally fair and substantively reasonable. The unions argued that certain terms of the agreement were unfair and did not meet the necessary standards. The employer, on the other hand, maintained that the agreement was fair and met all legal requirements.

The court examined the statutory framework and the common law principles of procedural and substantive fairness in its reasoning. It considered the arguments from both sides and evaluated the terms of the agreement against the legal standards. The court found that while some provisions of the agreement were contentious, they did not breach the statutory requirements or the principles of fairness. Consequently, the court approved the Melbourne Recital Centre Enterprise Agreement 2015, affirming that it was in accordance with the law.

The final orders of the court mandated that the Melbourne Recital Centre Enterprise Agreement 2015 be approved and registered. The agreement was to be binding on all parties, including the employer and the employees represented by the unions.

Melbourne Recital Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established