Melbourne Stadiums Limited Trading AS Marvel Stadium

[2025] FWCA 1939

[2025] FWCA 1939

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Melbourne Stadiums Limited Trading AS Marvel Stadium

(AG2025/1633)

MELBOURNE STADIUMS LIMITED ENTERPRISE AGREEMENT 2025

Amusement, events and recreation industry
COMMISSIONER REDFORD	MELBOURNE, 20 JUNE 2025

Application for approval of the Melbourne Stadiums Limited Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Melbourne Stadiums Limited Enterprise Agreement 2025 (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 Trading AS Marvel Stadium (MSL). The Agreement is a single enterprise agreement.

Undertakings

1. In response to several issues raised with MSL in relation to its application, it has provided written undertakings, a copy of which are 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. 

1. The undertakings relate to:  

a.Public holiday rates of pay for car park employees and event employees

b.Rates of pay in respect to training

c.A requirement that the “reconciliation process” will be undertaken every three months.

Workplace delegates rights

1. The Agreement provides that the workplace delegates rights provided for in the Award – the Amusements, Events and Recreation Award 2020 (the Award) – shall apply. For the avoidance of doubt, and in accordance with s 205A of the Act, clause 26A of the Award is taken to be a term of the Agreement.

Consideration

1. 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.

1. The Media, Entertainment and Arts Alliance-Victorian Branch (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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

Variation of the agreement

1. An application was made by MSL that, if the agreement was approved, it be varied pursuant to s 218A of the Act, to correct an obvious error, defect or irregularity (the variation application). In the course of the Agreement’s consideration, several other apparent errors were identified which MSL confirms it seeks be corrected.

1. Section 218A of the Act is akin to the slip rule found in s 602 of the Act, which allows the Commission to correct or amend an obvious error, defect or irregularity (whether in substance or form) in relation to a decision of the Commission. The evident purpose of s.218A is to remove complexity associated with varying enterprise agreements containing obvious errors, defects or irregularities by simplifying the process by which corrections may be made.

1. MSL submits that the amendment sought will address an ambiguity arising from a drafting error in the agreement. MEAA – who was a bargaining representative for the Agreement - supports the variation application. I am satisfied that these are obvious errors. I am satisfied that the amendments should be made, and that it is appropriate to do so by varying the Agreement pursuant to s 218A of the Act.

1. The variations are as follows:

a.Clause 9.7(a) of the Agreement s varied to add the words “hours worked between 1am and 6am” as follows:

(a)   Event Employees will be paid an overnight (hours worked between 1am and 6am)

penalty rate of an additional 50% of the relevant base rates set out in Schedule 3. This will not be paid where a higher penalty rate applies under this Agreement.

b.Clause 4.1(a) is varied as follows:

This Agreement applies to the Company and the Employees who, for the major and substantial part of their working time, perform work within the classifications set out in Schedule 2 3 and whose positions are identified in clause 4.1(e) 4.1(f).

1. The variation will come into effect on the same day as the agreement commences operation.

1. The agreement, as varied, is attached to this decision

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A