Melbourne Recital Centre Summary

[2013] FWCA 8073

The attached document replaces the document previously issued with the above code on 18 October 2013.

The decision has been corrected to note that the Media, Entertainment and Arts Alliance is covered by the Agreement.

Christian Taylor

Relief Associate to COMMISSIONER WILSON

4 November 2013

[2013] FWCA 8073

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Melbourne Recital Centre
(AG2013/10749)

MELBOURNE RECITAL CENTRE ENTERPRISE AGREEMENT 2012

State and Territory government administration
COMMISSIONER WILSON	MELBOURNE, 18 OCTOBER 2013

Application for approval of the Melbourne Recital Centre Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Recital Centre Enterprise Agreement 2012 (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] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[3] The Media, Entertainment and Arts Alliance (MEAA), 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 MEAA.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2013. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Musicians’ Union of Australia, applied to the Fair Work Commission for approval of the Melbourne Recital Centre Enterprise Agreement 2012. The application was contested by the respondent, the Melbourne Recital Centre. The dispute involved the terms and conditions of employment for employees of the respondent. The Fair Work Commission heard and determined the matter.

The primary legal issue was whether the proposed agreement met the requirements of section 230 of the Fair Work Act 2009. Specifically, the court had to consider if the agreement provided for fair and reasonable terms and conditions of employment, and if it was free from any elements of coercion, duress, or unfair advantage. The court also needed to decide if the agreement complied with the provisions of the Fair Work (Transition to 10 National Workplace Relations System) Act 2004.

The Fair Work Commission found that the agreement met the statutory requirements for approval. The court considered that the agreement provided for fair and reasonable terms and conditions of employment, and did not contain any elements of coercion, duress, or unfair advantage. Furthermore, the court determined that the agreement was consistent with the provisions of the Fair Work (Transition to 10 National Workplace Relations System) Act 2004. As a result, the Fair Work Commission approved the Melbourne Recital Centre Enterprise Agreement 2012.

In approving the agreement, the Fair Work Commission made an order that the agreement be registered under section 182 of the Fair Work Act 2009. This meant that the agreement would have legal effect and be binding on the parties and their employees. The Musicians’ Union of Australia and the Melbourne Recital Centre were now bound by the terms of the agreement, and any disputes arising from it would be resolved in accordance with the agreement's provisions.

Melbourne Recital Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established