DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Stadiums Limited T/A Etihad Stadium
(AG2017/1089)

MELBOURNE STADIUMS LIMITED ENTERPRISE AGREEMENT 2016

Amusement, events and recreation industry
COMMISSIONER ROE	MELBOURNE, 15 MAY 2017

Application for approval of the Melbourne Stadiums Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Stadiums Limited Enterprise Agreement 2016 (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 T/A Etihad Stadium. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 15 May 2017 and, in accordance with s.54, will operate from 22 May 2017. The nominal expiry date of the Agreement is 15 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Melbourne Stadiums Limited T/A Etihad Stadium, applied for the approval of the Melbourne Stadiums Limited Enterprise Agreement 2016. The dispute involved the terms of the agreement between the employer and the employees, specifically those covered by the Fair Work Act 2009. The application was heard by the Fair Work Commission, an Australian independent statutory body responsible for resolving workplace disputes.

The legal issues before the Commission centred on whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, including minimum wages and conditions, and whether it complied with the good faith bargaining requirements. The Commission also had to ensure that the agreement was in the best interests of the employees.

The Fair Work Commission found that the proposed enterprise agreement met the statutory requirements and was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including minimum wages and conditions, and that it complied with the good faith bargaining requirements. The Commission also considered the views of the employees and the employer, and concluded that the agreement was fair and reasonable. The Commission approved the enterprise agreement, which now binds the employer and the employees.

The Fair Work Commission's decision provides clarity on the requirements for approving an enterprise agreement under the Fair Work Act 2009. The decision also highlights the importance of good faith bargaining and the need for enterprise agreements to provide for fair and reasonable terms and conditions. The approval of the Melbourne Stadiums Limited Enterprise Agreement 2016 sets a precedent for future enterprise agreements in the industry.

Melbourne Stadiums Limited T/A Etihad Stadium

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established