Princess Theatre Pty Ltd T/A Marriner Group

[2014] FWCA 5216

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Princess Theatre Pty Ltd T/A Marriner Group
(AG2014/8457)

THE MARRINER THEATRES ENTERPRISE AGREEMENT 2014

Live performance industry
COMMISSIONER CRIBB	MELBOURNE, 1 AUGUST 2014

Application for approval of The Marriner Theatres Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as The Marriner Theatres Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Princess Theatre Pty Ltd T/A Marriner Group. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 1 August 2014 and, in accordance with s.54 of the Act, will operate from 8 August 2014. The nominal expiry date of the Agreement is 31 July 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Princess Theatre Pty Ltd, trading as The Marriner Group, which sought approval for the 2014 Enterprise Agreement. The Fair Work Commission was the forum for this application, where the enterprise agreement was brought into question. The dispute centred on whether the agreement complied with the necessary legal and procedural requirements for approval under the Fair Work Act 2009. The Commission was required to consider if the agreement met the criteria for being a lawful and fair agreement, including whether it provided for the appropriate minimum terms and conditions of employment.

The legal issues that the Commission needed to address included verifying if the agreement had been made in accordance with the relevant provisions of the Fair Work Act, whether the agreement was genuinely bargained, and if it contained the mandated minimum terms and conditions. Furthermore, the Commission had to ensure that the agreement was not detrimental to employees by not providing them with terms and conditions that were no less favourable than those provided by the relevant award or safety net. The Commission also needed to consider if the agreement had been appropriately certified by an accredited independent officer.

In its decision, the Commission found that the enterprise agreement was compliant with the necessary legal requirements. It concluded that the agreement was genuinely bargained and met the minimum terms and conditions set out in the Act. The Commission also determined that the agreement was not detrimental to employees and had been appropriately certified. The agreement was thus approved, as it was deemed to be a lawful and fair enterprise agreement. The Commission's decision was based on the evidence provided and the application of the relevant legal principles.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established