VILLAGE ROADSHOW THEME PARKS - MEDIA, ENTERTAINMENT AND ARTS ALLIANCE ENTERPRISE AGREEMENT 2025 - 2028

Application for approval of the Village Roadshow Theme Parks - Media, Entertainment and Arts Alliance Enterprise Agreement 2025 - 2028

[1] This decision deals with an application made for approval of an enterprise agreement known as the Village Roadshow Theme Parks - Media, Entertainment and Arts Alliance Enterprise Agreement 2025 - 2028 (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 (the Applicant). The Agreement is a single enterprise agreement.

[2] The Notice of Employee Representational Rights (NERR) distributed to employees appears to be the pre-6 June 2023 reform version. It included the logo of the Applicant, brief introductory and concluding text and it has a different name for the Agreement to that which was eventually made. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]

[3] There was an issue raised by the Commission with the Applicant as to whether relevant casual employees who were given an opportunity to vote on the agreement were engaged during the access period and/or on the day of the vote.[2] The Applicant provided further information that indicated that at worst, eight casual employees should not have been given an opportunity to vote (or voted) as he/she was not engaged during the access period or on the day of the vote. However, I find that by reference to the evidence before me as to the vote that occurred, that whether those eight casual employees voted in favour of the approval of the agreement, voted against it, or otherwise abstained, the Agreement would still have been approved by a majority of eligible employees who cast a valid vote. Hence, having regard to the submissions of the Applicant and the evidence before me, I find that this error constitutes a minor procedural and/or technical error in accordance with s.188(2) of the Act.[3] I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this issue.[4] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.[5]

[4] The Agreement does not contain a delegates' rights term that is, in all respects, no less favourable than the modern award, pursuant to s.205A of the Act. The Applicant provided an undertaking to address this however the Commission may only approve an agreement with an undertaking where the Commission has a concern that the agreement does not meet the requirements set out in ss.186 and 187.[6] In these circumstances, the Commissions concerns arise out of s.205A and not ss.186 or 187 so I am unable to accept the undertaking and instead, the delegates' rights term in the relevant modern award will apply and the delegates' rights term in the Agreement at clause 10 will have no effect.

[5] On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[7] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

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

• Clause 63.4 - Personal/carers leave (Notice).

However, noting clause 4.2 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.

[7] 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.

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

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318 [117].

[2] Kmart Australia Limited T/a Kmart and Others [2019] FWCFB 75992.

[3] Kingston City Council T/A King City Council [2020] FWCA 2323, at [49].

[4] Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.

[6] Fair Work Act 2009 (Cth) s.190(1)(b).

[7] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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