Princess Theatre Pty Ltd T/A Marriner Group
[2024] FWCFB 320
•30 JULY 2024
| [2024] FWCFB 320 |
| 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 Pty Ltd T/A Marriner Group
(AG2024/1592)
MARRINER EVENTS COLLECTIVE AGREEMENT 2007 - 2011
| Live performance industry | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 30 JULY 2024 |
Application to extend the default period for Marriner Events Collective Agreement 2007 – 2011
Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), the Princess Theatre Pty Ltd T/A Marriner Group has applied to extend the default period for the Marriner Events Collective Agreement 2007 - 2011 (the Agreement).
The application is made in accordance with subitem 20A(6)(a) on the ground that bargaining is occurring for a proposed enterprise agreement that will cover the same, or substantially the same, group of employees as are covered by the Agreement and that it is otherwise appropriate to do so.
An earlier application seeking to extend the default period of the Agreement was granted extending the default period to 6 June 2024[1]. The Applicant seeks a further extension to allow a replacement agreement to be finalised. The extension sought is until 6 December 2024. The parties have been unable to finalise an agreement due to complexities associated with bargaining.
We note the observation of the Full Bench in Application by Australian Municipal, Administrative, Clerical and Services Union [2024] FWCFB 271[2] that the Commission will be reluctant to extend an Agreement in circumstances where the parties have failed to meet a stated objective of finalising an agreement in a specified timeframe.
The Applicant explains that it has found the drafting process more difficult than initially anticipated. The bargaining involves consolidating terms and conditions for employees covered by the Agreement with terms and conditions from another enterprise agreement that also applies to other employees. Further, some employees under the Agreement are covered by the Live Performance Award 2020, others by the Restaurant Industry Award 2020. There is a further group of employees who are covered under both awards as they are engaged in different parts of the business at different times. The Applicant has, consequently, had to identify which terms should be included from each award into the proposed replacement agreement in order to satisfy the better off overall test. The Applicant does not employ human resource management specialists and is being assisted by the Victorian Chamber of Commerce and Industry with drafting and in bargaining. The Media, Entertainment & Arts Alliance is a bargaining representative for the replacement agreement and supports the application.
We are satisfied on the material provided that the requirements in subitem (6)(a) are met and that given the complexities that have arisen in the bargaining it is appropriate to extend the default period. The Applicant is continuing to bargain for a replacement agreement, has assistance in doing so, and the employees are represented. We consider that an extension until 6 December 2024 is sufficient time for a replacement agreement to be finalised and approved.
Pursuant to item 20A(6) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), we order that the default period for the Agreement is extended until 6 December 2024.
The Agreement is published, in accordance with subitem 20A(10A), on the Fair Work Commission’s website.
DEPUTY PRESIDENT
[1] [2024] FWCFB 9
[2] [2024] FWCFB 271
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