Princess Theatre Discretionary Trust T/A Marriner Group

[2025] FWCA 240

[2025] FWCA 240

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Princess Theatre Discretionary Trust T/A Marriner Group

(AG2024/4771)

MARRINER GROUP ENTERPRISE AGREEMENT 2024

Live performance industry
DEPUTY PRESIDENT GRAYSON	SYDNEY, 22 JANUARY 2025

Application for approval of the Marriner Group Enterprise Agreement 2024

Introduction

1. Princess Theatre Discretionary Trust T/A Marriner Group (the Employer) has made an application for approval of an enterprise agreement known as the Marriner Group Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 9 June 2023 and the Agreement was made on 26 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

Typographical errors

1. It was identified that Clause 20.13(a) contained an empty error reference indicating ‘Error! Reference source not found’. An amended page was subsequently filed with the correct reference. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

Notice of Employee Representational Rights (NERR)

1. The NERR was erroneous in that:

(a)The version of the NERR provided to employees was the pre-6 June 2023 reform version of the NERR, as opposed to the post-6 June 2023 reform version (as the notification time of 9 June 2023 fell after the reforms took effect); and,

(b)The NERR referred to the title of the proposed Agreement as ‘Marriner Group Enterprise Agreement 2023’. Clause 1.1 of the Agreement provides that the Agreement’s title is ‘Marriner Group Enterprise Agreement 2024’ [emphasis added].

1. Further, the NERR was first provided to employees on 9 June 2023, but a subsequent NERR in slightly different terms was issued to a broader scope of employees subsequently involved in bargaining on 15 August 2024.

1. The Employer provided submissions that the above matters constituted a minor technical error, and that the errors were not likely to have disadvantaged employees in circumstances where:

(a)The Agreement was the only Agreement being negotiated within the business and accordingly the only Agreement subject to the issue of bargaining updates from the Employer to employees; and,

(b)The changes between the versions of the NERR issued clarified and confirmed what the Employer said it had always intended to be meant by, and believed to be the case concerning, the group of employees to be covered by the Agreement and involved and represented in the bargaining process.

1. I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that these matters constituted minor technical or procedural errors for the purposes of s.188(5) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

Section 190 Undertakings

1. The employer 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

1. The Media, Entertainment and Arts Alliance (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.

1. In accordance with s.201(2), I note that the Agreement covers the MEAA.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2025. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

ANNEXURE A

[1] [2019] FWCFB 318.

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