DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Village Roadshow Theme Parks Pty Ltd
(AG2015/2761)

VILLAGE ROADSHOW THEME PARKS - MEAA ENTERTAINERS AGREEMENT 2015 - 2018

Amusement, events and recreation industry
COMMISSIONER SIMPSON	BRISBANE, 9 JUNE 2015

Application for approval of the Village Roadshow Theme Parks - MEAA Entertainers Agreement 2015 - 2018.

[1] An application has been made for approval of a single enterprise agreement known as the Village Roadshow Theme Parks - MEAA Entertainers Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Village Roadshow Theme Parks Pty Ltd.

[2] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[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 is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Village Roadshow Theme Parks Pty Ltd, sought approval from the Fair Work Commission for the Village Roadshow Theme Parks - MEAA Entertainers Agreement 2015 - 2018. The respondents, the Media, Entertainment and Arts Alliance (MEAA), raised objections to the proposed agreement on various grounds. The case was heard in the Fair Work Commission of Australia, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act and whether it provided fair and reasonable terms for the employees covered by the agreement. The MEAA argued that the proposed agreement failed to meet the 'better off overall' test, did not provide for adequate consultation with employees, and contained terms that were unfair or unreasonable. Village Roadshow Theme Parks, on the other hand, contended that the proposed agreement met all legal requirements and provided fair and reasonable terms for its employees.

After considering the evidence and arguments presented by both parties, the Commission determined that the proposed agreement did not meet the 'better off overall' test. The Commission found that the proposed agreement did not provide employees with sufficient protections and entitlements, particularly in relation to pay rates, penalty rates, and shift allowances. The Commission also found that the proposed agreement did not adequately consult with employees and failed to provide for adequate representation of employee interests. As a result, the Commission refused to approve the proposed agreement.

The Commission ordered that the proposed agreement be returned to the parties for further negotiation and consultation with employees. The Commission emphasised the importance of ensuring that any future agreement provided fair and reasonable terms for employees and met all legal requirements under the Fair Work Act.

Village Roadshow Theme Parks Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established