DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wallis Refrigeration & Service Administration Pty Ltd T/A Wallis Cinemas
(AG2016/7818)

WALLIS CINEMAS ENTERPRISE AGREEMENT 2016

Broadcasting and recorded entertainment industry
COMMISSIONER ROE	MELBOURNE, 10 MARCH 2017

Application for approval of the Wallis Cinemas Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Wallis Cinemas Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wallis Refrigeration & Service Administration Pty Ltd T/A Wallis Cinemas. 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. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] 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.

[7] The Agreement was approved on 10 March 2017 and, in accordance with s.54, will operate from 17 March 2017. The nominal expiry date of the Agreement is 10 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Wallis Refrigeration & Service Administration Pty Ltd, trading as Wallis Cinemas, applied to the Fair Work Commission for approval of the Wallis Cinemas Enterprise Agreement 2016. The application was opposed by the Australian Manufacturing Workers' Union, acting on behalf of certain employees. The dispute centred on the terms and conditions outlined in the proposed agreement, which the union contended did not adequately address employee entitlements and working conditions.

The legal issues before the Commission included whether the agreement provided a safety net of minimum entitlements, whether it complied with the requirements of the Fair Work Act 2009, and whether it was made in good faith and without coercion. The Commission needed to determine if the agreement was fair and reasonable in the context of the broader industrial relations framework.

The Fair Work Commission found that the agreement provided a safety net of minimum entitlements and was in compliance with the Fair Work Act. It concluded that the agreement was made in good faith and without coercion. The Commission was satisfied that the agreement addressed the employees' concerns and provided a fair and reasonable set of terms and conditions. Consequently, the Commission approved the Wallis Cinemas Enterprise Agreement 2016.

Wallis Refrigeration & Service Administration Pty Ltd T/A Wallis Cinemas

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established