The Sovereign Hill Museums Association T/A Sovereign Hill

[2020] FWCA 2636

[2020] FWCA 2636

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Sovereign Hill Museums Association T/A Sovereign Hill
(AG2020/916)

THE SOVEREIGN HILL AND MEAA ENTERPRISE AGREEMENT 2019

Amusement, events and recreation industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 20 MAY 2020

Application for approval of The Sovereign Hill and MEAA Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as The Sovereign Hill and MEAA Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The Sovereign Hill Museums Association T/A Sovereign Hill (Employer). 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, 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 undertakings are taken to be a term of the Agreement.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES:

•  clause 2.4.3(b) of the Agreement, which provides that the Employer may terminate the employment of a probationary employee with one days’ notice;

•  clause 2.6(a) of the Agreement, which omits from the entitlement to request a change in working arrangements:

•  an employee that is experiencing violence from a member of the employee's family; and

•  an employee that provides care or support to a member of the his/her immediate family or household, who requires care or support because the member is experiencing violence from the member's family;

•  clause 2.8.2(c) of the Agreement, which states that if an employee fails to give the requisite notice of termination, the Employer shall have the right to withhold monies due to the employee on termination for the period of notice;

•  clauses 5.4 and 5.6 of the Agreement, which do not define immediate family to include a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee; and

•  clause 5.6(c) of the Agreement, which requires proof of an entitlement to compassionate leave to the Employer’s satisfaction, as opposed to evidence that would satisfy a reasonable person.

[5] The Agreement lodged contained a cross referencing error at clause 3.2.2. On 6 May 2020, the Employer filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] 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.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A