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Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 20A(4) - Application to extend default period for agreement-based transitional
instruments
Princess Theatre Pty Ltd T/A Marriner Group
(AG2024/1592)
MARRINER EVENTS COLLECTIVE AGREEMENT 2007 - 2011
Live performance industry
DEPUTY PRESIDENT WRIGHT
DEPUTY PRESIDENT ROBERTS
DEPUTY PRESIDENT SLEVIN
SYDNEY, 30 JULY 2024
Application to extend the default period for Marriner Events Collective Agreement 2007 –
2011
[1] Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 (Cth), the Princess Theatre Pty Ltd T/A Marriner
Group has applied to extend the default period for the Marriner Events Collective Agreement
2007 - 2011 (the Agreement).
[2] The application is made in accordance with subitem 20A(6)(a) on the ground that
bargaining is occurring for a proposed enterprise agreement that will cover the same, or
substantially the same, group of employees as are covered by the Agreement and that it is
otherwise appropriate to do so.
[3] An earlier application seeking to extend the default period of the Agreement was granted
extending the default period to 6 June 20241. The Applicant seeks a further extension to allow
a replacement agreement to be finalised. The extension sought is until 6 December 2024. The
parties have been unable to finalise an agreement due to complexities associated with
bargaining.
[4] We note the observation of the Full Bench in Application by Australian Municipal,
Administrative, Clerical and Services Union [2024] FWCFB 2712 that the Commission will be
reluctant to extend an Agreement in circumstances where the parties have failed to meet a stated
objective of finalising an agreement in a specified timeframe.
[5] The Applicant explains that it has found the drafting process more difficult than initially
anticipated. The bargaining involves consolidating terms and conditions for employees covered
by the Agreement with terms and conditions from another enterprise agreement that also applies
to other employees. Further, some employees under the Agreement are covered by the Live
[2024] FWCFB 320 [Note: A copy of the zombie agreement to which this
decision relates (AC305119) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb271.pdf
https://www.fwc.gov.au/documents/agreements/approved/AC305119.pdf
[2024] FWCFB 320
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Performance Award 2020, others by the Restaurant Industry Award 2020. There is a further
group of employees who are covered under both awards as they are engaged in different parts
of the business at different times. The Applicant has, consequently, had to identify which terms
should be included from each award into the proposed replacement agreement in order to satisfy
the better off overall test. The Applicant does not employ human resource management
specialists and is being assisted by the Victorian Chamber of Commerce and Industry with
drafting and in bargaining. The Media, Entertainment & Arts Alliance is a bargaining
representative for the replacement agreement and supports the application.
[6] We are satisfied on the material provided that the requirements in subitem (6)(a) are met
and that given the complexities that have arisen in the bargaining it is appropriate to extend the
default period. The Applicant is continuing to bargain for a replacement agreement, has
assistance in doing so, and the employees are represented. We consider that an extension until
6 December 2024 is sufficient time for a replacement agreement to be finalised and approved.
[7] Pursuant to item 20A(6) of Sch 3 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 (Cth), we order that the default period for the Agreement
is extended until 6 December 2024.
[8] The Agreement is published, in accordance with subitem 20A(10A), on the Fair Work
Commission’s website.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AC305119 PR777677
1 [2024] FWCFB 9
2 [2024] FWCFB 271
OF THE FAIR WORK L MISSION THE SEA
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb9.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb271.pdf
