Melbourne Stadium Limited Summary

[2022] FWCA 843

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s. 185—Enterprise agreement

Melbourne Stadium Limited

(AG2022/244)

Melbourne Stadiums Limited Enterprise Agreement 2021.

Amusement, events and recreation industry
COMMISSIONER MIRABELLA	MELBOURNE, 16 MARCH 2022

Application for approval of the Melbourne Stadiums Limited Enterprise Agreement 2021.

Melbourne Stadium Limited (the Employer) has made an application for approval of an enterprise agreement known as the Melbourne Stadiums Limited Enterprise Agreement 2021 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 16 March 2022 and, in accordance with s. 54, will operate from 23 March 2022. The nominal expiry date of the Agreement is 16 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Melbourne Stadiums Limited recently sought approval for the Melbourne Stadiums Limited Enterprise Agreement 2021 from the Fair Work Commission. The applicant, Melbourne Stadiums Limited, is a major employer in the sports and entertainment industry, and the dispute centred on whether the proposed enterprise agreement complied with the relevant statutory requirements and fair work principles. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval.

The central legal issues before the Commission involved assessing the fairness and compliance of the proposed agreement with the Fair Work Act 2009, specifically examining provisions related to wages, conditions of employment, and procedural fairness. The Commission had to ensure that the agreement did not unjustifiably disadvantage employees, that it adhered to the statutory framework for enterprise agreements, and that the consultation process with the workforce was adequate.

The Fair Work Commission meticulously reviewed the contents of the agreement, taking into account submissions from both Melbourne Stadiums Limited and employee representatives. The Commission concluded that the agreement was fair and reasonable, and complied with all necessary statutory requirements. The analysis included detailed scrutiny of wage rates, leave entitlements, and procedural fairness, ensuring that the agreement reflected a balance between the interests of the employer and the employees. Consequently, the Commission approved the Melbourne Stadiums Limited Enterprise Agreement 2021, recognising its compliance with the relevant legislative standards.

The final orders of the Fair Work Commission approved the Melbourne Stadiums Limited Enterprise Agreement 2021, effective from the date of the decision. This approval allows the agreement to be registered and enforced, thereby providing a clear and legally binding framework for the terms and conditions of employment for the relevant employees. The decision ensures that the agreement is recognised as a legitimate enterprise agreement under the Fair Work Act 2009.

Melbourne Stadium Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established