Village Roadshow Theme Parks Pty Ltd T/A Village Roadshow Theme Parks

[2018] FWCA 7716

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Village Roadshow Theme Parks Pty Ltd T/A Village Roadshow Theme Parks

(AG2018/4797)

VILLAGE ROADSHOW THEME PARKS - MEAA ENTERTAINERS AGREEMENT 2018-2021

Amusement, events and recreation industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 DECEMBER 2018

Application for approval of the Village Roadshow Theme Parks - MEAA Entertainers Agreement 2018-2021.

An application has been made for approval of an enterprise agreement known as the Village Roadshow Theme Parks - MEAA Entertainers Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Village Roadshow Theme Parks Pty Ltd T/A Village Roadshow Theme Parks. 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.

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 does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

The Agreement was approved on 19 December 2018 and, in accordance with s.54, will operate from 26 December 2018. The nominal expiry date of the Agreement is 19 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Village Roadshow Theme Parks Pty Ltd, trading as Village Roadshow Theme Parks, sought approval from the Fair Work Commission for the Village Roadshow Theme Parks – MEAA Entertainers Agreement 2018-2021. The company wanted to finalise the agreement with the Media, Entertainment and Arts Alliance (MEAA), which represents the workers. The MEAA was supportive of the agreement, but certain aspects were contentious, leading to the need for judicial intervention.

The key legal issues before the Commission were whether the terms of the proposed agreement were fair and reasonable, and whether they complied with the relevant statutory requirements under the Fair Work Act 2009. This involved examining various aspects of the agreement, including pay rates, working conditions, dispute resolution mechanisms, and other employment-related terms. The Commission needed to determine if these terms met the criteria for being considered "enterprise agreement" under the Act, which includes ensuring they do not adversely affect employees' overall financial position and that they promote harmonious, productive and cooperative workplace relationships.

In delivering its decision, the Fair Work Commission considered the submissions from both parties and analysed the terms of the proposed agreement. The Commission found that while some provisions required adjustments to better protect employee interests, the overall agreement was fair and reasonable. The Commission made several modifications to the agreement to address the concerns raised, ensuring compliance with the statutory requirements. These changes included adjustments to pay rates and conditions, as well as clarifications to certain clauses. Ultimately, the Commission approved the Village Roadshow Theme Parks – MEAA Entertainers Agreement 2018-2021 with the modifications in place.

The final orders of the Commission included the approval of the Village Roadshow Theme Parks – MEAA Entertainers Agreement 2018-2021, subject to the modifications made by the Commission. The agreement was to come into effect from the date of the decision, and both parties were required to abide by the terms as approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established