DECISION

Fair Work Act 2009
s.210—Enterprise agreement

The Sovereign Hill Museums Association T/A Sovereign Hill
(AG2018/2795)

THE SOVEREIGN HILL ENTERPRISE AGREEMENT 2015

Amusement, events and recreation industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 AUGUST 2018

Application for variation of the The Sovereign Hill Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to the The Sovereign Hill Enterprise Agreement 2015 (the Agreement). The application was made by The Sovereign Hill Museums Association T/A Sovereign Hill pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 21 March 2016. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 1 August 2018.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The Sovereign Hill Museums Association T/A Sovereign Hill applied to the Fair Work Commission for a variation of the Enterprise Agreement in place since 2015. The dispute involved the classification and remuneration of certain employees, specifically those who worked in the retail areas of the business. The application was heard in the Fair Work Commission, an independent statutory body established under the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed changes to the Enterprise Agreement were appropriate and whether they met the requirements for a variation as set out in the Fair Work Act. This involved assessing whether the changes were necessary to accommodate genuine operational requirements or changes in the business and whether the changes were fair and reasonable. The Commission also needed to consider whether the proposed changes provided for proper protections for employees.

In reaching its decision, the Commission examined the evidence presented by both parties, including expert testimony on the nature of the retail work and the economic conditions affecting the business. The Commission determined that the proposed changes were necessary to accommodate changes in the business operations and that they were fair and reasonable. The Commission found that the changes provided for proper protections for employees and would not adversely affect their existing conditions of employment. The application for variation was subsequently approved.

The final orders of the Commission were that the proposed changes to the Enterprise Agreement were approved and would come into effect on the date specified in the application. The Commission also ordered that the parties must take all necessary steps to implement the approved changes, including providing notice to affected employees. The decision was binding on both the Association and the employees covered by the Enterprise Agreement.

The Sovereign Hill Museums Association T/A Sovereign Hill

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established