Princess Theatre Discretionary Trust T/A Marriner Group

[2024] 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 application, brought before the Fair Work Commission by the Princess Theatre Discretionary Trust trading as the Marriner Group, sought an extension to the default period for the Marriner Events Collective Agreement 2007. The central dispute involved whether the commission should permit an extension beyond the statutory limit of three years, as stipulated by the Fair Work Act 2009. The application was contested by the Australian Services Union, which argued against the extension citing potential adverse effects on workers' rights and the integrity of the collective bargaining process.

The primary legal issues revolved around the interpretation and application of the statutory provisions concerning extensions of the default period for collective agreements, as well as the balance between the interests of employers and employees in the context of collective bargaining. The commission had to consider whether the application met the criteria for an extension under section 234 of the Fair Work Act, particularly whether it was in the public interest and whether it would not significantly undermine the rights of employees. Additionally, the court needed to assess the fairness and reasonableness of the application within the context of the collective bargaining framework.

The Fair Work Commission, in its reasoning, determined that while the application was made in good faith, it did not meet the stringent criteria for an extension. The commission highlighted that the application did not sufficiently demonstrate that the extension would be in the public interest or that it would not significantly undermine the rights of employees. The decision underscored the importance of maintaining the integrity of the collective bargaining process and the rights of employees, concluding that the application did not warrant an extension of the default period. Consequently, the application was dismissed, and no extension was granted.

The final orders of the commission were that the application for an extension of the default period for the Marriner Events Collective Agreement 2007 be dismissed, and that the agreement would revert to the default position as per the statutory timeframe, ensuring that the rights of employees were preserved in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established