The Sovereign Hill Museums Association Limited Summary

[2023] FWCA 2237

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Sovereign Hill Museums Association Limited

(AG2023/2086)

THE SOVEREIGN HILL AND MEAA ENTERPRISE AGREEMENT 2023

Amusement, events and recreation industry
DEPUTY PRESIDENT BELL	MELBOURNE, 19 JULY 2023

Application for approval of The Sovereign Hill and MEAA Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as The Sovereign Hill and MEAA Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, The Sovereign Hill Museums Association Limited. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 29 July 2022 and the Agreement was made on 14 June 2023. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023.[1]

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. Pursuant to s.201(3), 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, 190, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

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

The Agreement was approved on 19 July 2023 and, in accordance with s.54 of the Act, will operate from 26 July 2023. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Sovereign Hill Museums Association Limited sought approval from the Fair Work Commission for the Sovereign Hill and MEAA Enterprise Agreement 2023. The application was made by the association on behalf of its employees, who were represented by the Media, Entertainment and Arts Alliance (MEAA). The dispute centred around whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. The Commission was required to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the provisions of the Act.

The legal issues before the Commission included whether the agreement provided for appropriate minimum rates of pay, leave entitlements, penalty rates, and other terms and conditions that were fair and reasonable. The Commission also had to determine whether the agreement complied with the public interest considerations outlined in the Act, and whether it provided for effective dispute resolution mechanisms. Additionally, the Commission had to consider whether the agreement met the requirements for independent employee representation, and whether it contained any terms that were inconsistent with the provisions of the Act.

The Fair Work Commission found that the proposed agreement provided for fair and reasonable terms and conditions for the employees, and that it complied with the requirements of the Act. The Commission noted that the agreement provided for appropriate minimum rates of pay, leave entitlements, and penalty rates, and that it included effective dispute resolution mechanisms. The Commission also found that the agreement met the requirements for independent employee representation, and that it did not contain any terms that were inconsistent with the provisions of the Act. Accordingly, the Commission approved the Sovereign Hill and MEAA Enterprise Agreement 2023.

The Sovereign Hill Museums Association Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established