Princess Theatre Discretionary Trust T/A Marriner Group

[2025] FWCFB 10 [Note: A copy of the zombie agreement to which this decision relates (AC305119) is available on our website.]

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Sch. 3, Item 20A(4) - Application to extend default period for agreement-based transitional instruments

Princess Theatre Discretionary Trust T/A Marriner Group

(AG2024/4817)

MARRINER EVENTS COLLECTIVE AGREEMENT 2007 – 2011

Live performance industry

DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN

SYDNEY, 15 JANUARY 2025

Application to extend the default period for the Marriner Events Collective Agreement 2007

Princess Theatre Discretionary Trust T/A Marriner Group has applied pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the Transitional Act), to extend the default period for the Marriner Events Collective Agreement 2007 (the Agreement).

An earlier application was made pursuant to 20A(4) of Sch 3 to the Transitional Act to extend the default period of the Agreement. In a decision issued on 31 January 2024 the Full Bench considered that as the Applicant was engaged in bargaining for a replacement agreement, the requirements in subitem (6)(a) were met and it was appropriate in the circumstances to extend the Agreement.[1]

A replacement agreement has now been made and an application has been lodged with the Commission pursuant to s. 185 of the Fair Work Act 2009 (FW Act) seeking the approval of that agreement. The current application seeks to extend the Agreement while the replacement agreement is approved. The application is made, in accordance with subitem (6)(b), on the ground that it is reasonable in the circumstances to extend the default period. At the time the current application was made the replacement agreement had not yet been approved by the Commission.

We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the default period for the Agreement. We will extend the Agreement until 14 March 2025. Should the replacement agreement be approved the Agreement will be replaced by that agreement. If the approval application is unsuccessful the Agreement will terminate on 14 March 2025 and the relevant modern award will apply.

Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default period for the Agreement is extended until 14 March 2025.

[7] The Agreement is published, in accordance with subitem 20A(10A)(c), on the Fair Work Commission’s website.

DEPUTY PRESIDENT

[1] [2024] FWCFB 9

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Princess Theatre Discretionary Trust T/A Marriner Group, sought an extension of the default period under the Fair Work Act 2009 for the Marriner Events Collective Agreement 2007. The application was heard by the Fair Work Commission. The applicants argued that the extension was necessary due to ongoing negotiations with the union and the complexity of the issues being discussed. The union opposed the application, stating that the applicants had not demonstrated any impediment to reaching an agreement or any significant benefits to the workforce from an extension.

The central legal issues revolved around whether the applicants had shown sufficient grounds for an extension of the default period and whether the potential benefits to the workforce outweighed any detriments. The Commission considered the applicants' submissions and the union's opposition, evaluating the necessity and reasonableness of the requested extension. It assessed whether there were genuine impediments to reaching an agreement and whether the extension would lead to a better outcome for the employees.

The Fair Work Commission found that the applicants had not demonstrated sufficient grounds for an extension of the default period. The Commission noted that while there were ongoing negotiations and complex issues, the applicants had not shown that these factors constituted genuine impediments to reaching an agreement. Additionally, the Commission did not find that the potential benefits of an extension would significantly outweigh the detriments to the workforce. Consequently, the application for an extension was dismissed.

No further orders were made. The Commission emphasised that while it recognised the difficulties in negotiations, it was essential for parties to make reasonable efforts to reach an agreement within the statutory timeframes unless exceptional circumstances warranted an extension. The decision underscored the importance of parties demonstrating genuine impediments and significant benefits to justify an extension of the default period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established