Reading Cinemas Management Pty Ltd T/A Reading Cinemas

[2023] FWCA 2788

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Reading Cinemas Management Pty Ltd T/A Reading Cinemas

(AG2023/2652)

READING CINEMAS ENTERPRISE AGREEMENT 2023

Broadcasting and recorded entertainment industry
COMMISSIONER LEE	MELBOURNE, 30 AUGUST 2023

Application for approval of the Reading Cinemas Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Reading Cinemas Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Reading Cinemas Management Pty Ltd T/A Reading Cinemas. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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.

The Agreement is approved, consistent with clause 1.3 of the Agreement and in accordance with s.54 of the Act, will commence operation from Thursday, 7 September 2023. The nominal expiry date of the Agreement is 7 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Reading Cinemas Management Pty Ltd trading as Reading Cinemas, sought approval of the Reading Cinemas Enterprise Agreement 2023 in the Fair Work Commission. The agreement, which was the subject of a protected industrial action ballot, covered employees of Reading Cinemas across various states and territories. The primary dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the court included whether the agreement provided for the terms and conditions of employment in a clear, fair, and accessible manner, and whether it included appropriate dispute resolution mechanisms. Additionally, the court had to determine whether the agreement was made in good faith and whether it complied with the better-off-overall test. The applicant argued that the agreement was fair and met all legal standards, while the respondents raised concerns about specific provisions, including classification of roles, wage progression, and the process for determining penalty rates.

In its decision, the Fair Work Commission examined the provisions of the agreement and considered the evidence presented by both parties. The Commission found that while the agreement contained several provisions that were fair and reasonable, some aspects required modification to ensure compliance with the Act. The Commission made several determinations, including adjustments to the classification of roles and the calculation of penalty rates. After making these adjustments, the Commission concluded that the agreement met the better-off-overall test and approved the agreement.

The Commission issued orders approving the Reading Cinemas Enterprise Agreement 2023, subject to the modifications made during the hearing. The agreement now provides the legal framework for the terms and conditions of employment for Reading Cinemas employees, and will be in effect for the duration specified within the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established