DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Stadiums Limited
(AG2015/7547)

MELBOURNE STADIUMS LIMITED ENTERPRISE AGREEMENT 2015

Amusement, events and recreation industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 17 DECEMBER 2015

Application for approval of the Melbourne Stadiums Limited Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Stadiums Limited 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 Stadiums Limited. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement was approved on 17 December 2015 and, in accordance with s.54, will operate from 24 December 2015. The nominal expiry date of the Agreement is 16 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Melbourne Stadiums Limited, the Fair Work Commission (FWC) was presented with an application for the approval of the Melbourne Stadiums Limited Enterprise Agreement 2015. The application was made by the employer, Melbourne Stadiums Limited, which operates the iconic Melbourne Cricket Ground (MCG) and other sports venues in Victoria. The agreement in question was made under the Fair Work Act 2009 and involved the negotiation and terms between the employer and the employees represented by the Transport Workers Union (TWU) and the Shop, Distributive and Allied Employees Association (SDA). The dispute centred on whether the terms and conditions outlined in the agreement met the statutory requirements for approval under the Fair Work Act.

The central legal issues before the FWC were whether the agreement provided for the modern award applicable to the employees, ensured that employees' remuneration was no less than the national minimum wage, and complied with the procedural requirements of the Fair Work Act. Additionally, the FWC had to consider whether the agreement promoted high wages and high conditions, and whether it met the 'better off overall test', ensuring that employees were not worse off under the agreement compared to their previous conditions.

In its decision, the FWC examined the terms of the agreement and the evidence provided by both parties. The FWC determined that the agreement did indeed provide for the applicable modern award and ensured that employees received at least the national minimum wage. It also found that the agreement met the procedural requirements and promoted high wages and conditions. Importantly, the FWC concluded that the agreement was likely to be better off overall for the employees, considering factors such as wage increases, improved working conditions, and additional benefits. Therefore, the FWC approved the Melbourne Stadiums Limited Enterprise Agreement 2015, recognising it as a fair and reasonable agreement that met the legislative criteria.

As a result of the FWC's decision, the Melbourne Stadiums Limited Enterprise Agreement 2015 was approved and will now govern the employment terms and conditions of the employees covered by the agreement. This decision provides certainty and stability for both the employer and the employees, ensuring that the agreement aligns with the statutory requirements set out in the Fair Work Act.

Melbourne Stadiums Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established