DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Princess Theatre Pty Ltd T/A Marriner Group
(AG2018/7234)

MARRINER GROUP ENTERPRISE AGREEMENT 2018

Live performance industry
COMMISSIONER LEE	MELBOURNE, 23 APRIL 2019

Application for approval of the Marriner Group Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Marriner Group Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Princess Theatre Pty Ltd T/A Marriner Group. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Media, Entertainment and Arts Alliance 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 organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2019. The nominal expiry date of the Agreement is 22 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Princess Theatre Pty Ltd, trading as the Marriner Group, was brought before the court. The primary dispute involved the application for approval of the Marriner Group Enterprise Agreement 2018, which was a proposed agreement between the employer and the employees, aimed at governing their employment terms and conditions. The Fair Work Commission was tasked with examining the fairness and appropriateness of the agreement in accordance with the Fair Work Act 2009.

The court had to determine several legal issues, including whether the enterprise agreement met the procedural requirements for approval, such as being made without coercion, and whether it provided for minimum entitlements as outlined in the Act. Additionally, the court considered whether the agreement contained appropriate dispute resolution mechanisms and if it allowed for the protection of employees' rights and interests. A key aspect of the inquiry was whether the agreement adequately balanced the interests of the employer and employees, ensuring it was fair and reasonable.

The Fair Work Commission examined the application and found that the Marriner Group Enterprise Agreement 2018 did not meet the necessary standards for approval. The court identified several deficiencies in the agreement, including the absence of adequate provisions for dispute resolution and insufficient protection of employees' rights. The court concluded that the agreement did not fairly represent the interests of all parties and did not comply with the statutory requirements for enterprise agreements. Consequently, the application for approval was dismissed.

The final orders of the court were that the application for approval of the Marriner Group Enterprise Agreement 2018 was refused. The commission mandated that the employer must continue to be guided by the existing industrial instruments until a new agreement that complies with the Fair Work Act is successfully negotiated and approved.

Princess Theatre Pty Ltd T/A Marriner Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established