DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Sovereign Hill Museums Association
(AG2016/2380)

THE SOVEREIGN HILL ENTERPRISE AGREEMENT 2015

Amusement, events and recreation industry
COMMISSIONER LEE	MELBOURNE, 21 MARCH 2016

Application for approval of The Sovereign Hill Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Sovereign Hill Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Sovereign Hill Museums Association. The Agreement is a single enterprise agreement.

[2] The Applicant 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 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.

[4] 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.

[5] The Agreement was approved on 21 March 2016 and, in accordance with s.54, will operate from 28 March 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of an enterprise agreement between The Sovereign Hill Museums Association and its employees. The application was brought to the Fair Work Commission (FWC) by the association, seeking the FWC's approval under section 234 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment, specifically those outlined in the proposed 2015 enterprise agreement. The association argued that the agreement was fair and reasonable, and thus should be approved by the FWC to become legally binding.

The legal issues the court needed to address included whether the agreement met the criteria for approval under the Fair Work Act, particularly focusing on whether it contained the minimum terms and conditions required by law, and whether it had been negotiated in good faith. Additionally, the court had to consider if the agreement would lead to improved productivity and if it complied with the existing provisions of the Fair Work Act. The association's arguments emphasised the necessity of the proposed changes to maintain operational efficiency and financial viability, while also ensuring that employees' rights and conditions were adequately protected.

In examining the agreement, the FWC found that it contained all the necessary minimum terms and conditions as stipulated by the Fair Work Act. The court further concluded that the agreement had been negotiated in good faith and that it would indeed contribute to improved productivity. The association demonstrated that the proposed changes were essential for maintaining financial stability and operational efficiency. Given these findings, the FWC determined that the agreement was fair and reasonable and thus approved it. The association's application for the approval of the enterprise agreement was subsequently successful.

The final orders of the FWC confirmed the approval of the 2015 enterprise agreement between The Sovereign Hill Museums Association and its employees, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the association's employees from that point forward.

The Sovereign Hill Museums Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established