austlii:cth/FWCA/2025/3934
General information, not legal advice.
FWCA
2025-11-21
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
The University of Melbourne Trading AS Melbourne Theatre Company
MELBOURNE THEATRE COMPANY - PRODUCTION AND THEATRE SERVICE EMPLOYEES - AGREEMENT 2024-2027
Application for approval of the Melbourne Theatre Company - Production and Theatre Service Employees - Agreement 2024-2027
[1] The University of Melbourne T/A Melbourne Theatre Company has applied for approval of an enterprise agreement known as the Melbourne Theatre Company - Production and Theatre Service Employees - Agreement 2024-2027 under s 185 of the Fair Work Act 2009 (Cth).
[2] The Agreement is a single enterprise agreement.
[3] I observe that the following clauses are likely to be inconsistent with the National Employment Standards:
- Clause 13.5 - Paid Personal/Carers (Sick) Leave in relation to its notification requirements; and
- Clause 13.6 - Compassionate Leave in that it is silent in relation to compassionate leave where a child is stillborn or the employee or their spouse or defacto partner has a miscarriage.
[4] Clause 2 of the Agreement gives precedence to the NES, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
[6] The Media, Entertainment and Arts Alliance (MEAA) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the MEAA.
[7] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 28 November 2025.
[8] In accordance with Clause 4, the nominal expiry date of the Agreement is 30 June 2027.

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