MELBOURNE & OLYMPIC PARKS TRUST ENTERPRISE AGREEMENT 2024 - 2028

Application for approval of the Melbourne & Olympic Parks Trust Enterprise Agreement 2024-2028

[1] An application has been made for approval of an enterprise agreement known as the Melbourne & Olympic Parks Trust Enterprise Agreement 2024 - 2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne & Olympic Parks Trust trading as Melbourne Park. The Agreement is a single enterprise agreement.

[2] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Amusement, Events and Recreation Award 2020 is taken to be a term of the Agreement.

[3] 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. The undertakings are taken to be a term of the Agreement.

[4] 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.

[5] The Media, Entertainment and Arts Alliance (MEAA) 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 MEAA supports approval of the Agreement.

[6] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

• Clause 6.1 - Annual Leave; and

• Clause 9.5(g) - Withholding monies at termination.

[7] However, noting clause 1.3(d) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2025. The nominal expiry date of the Agreement is 30 June 2028.

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