Application by the Australian Centre for the Moving Image

[2009] FWA 1147

[2009] FWA 1147

FAIR WORK AUSTRALIA

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 7, Item 7 - Application for determination of designated award for purpose of no-disadvantage test

Application by the Australian Centre for the Moving Image
(AG2009/16052)

COMMISSIONER LEWIN MELBOURNE, 17 NOVEMBER 2009

Application for the determination of a designated award for the purpose of a no-disadvantage test.

[1] In this matter the Australian Centre fore the Moving Image (ACMI) has applied for the determination of a designated award pursuant to Schedule 7, Item 7 of the Fair Work Act2009 (the Act).

[2] Submissions were filed by the applicant in support of the Arts and Entertainment Administration Award 2001 being the designated award. The Community and Public Sector Union (the CPSU) also filed submissions. The CPSU’s submissions were to the effect that under the relevant legislative provisions, the determination was superfluous and unnecessary. In a detailed and cogent submission, the CPSU has established to my satisfaction that, for the purposes of the consideration of an application for the approval of the (ACMI agreement), the no-disadvantage test required during the bridging period prescribed by the Act, it should be conducted against the Arts and Entertainment Administration Award 2001, which is an award based transitional instrument, for such purposes.

[3] On Wednesday 11 November 2009 I approved the Australian Centre for the Moving Image Enterprise Agreement 2009 – 2011 using the Arts and Entertainment Administration Award 2001 as the reference instrument.

[4] The application is therefore dismissed as unnecessary for determination.

COMMISSIONER

Final written submissions:

Ms Janet Riley, ACMI, 30 October 2009

Mr Wayne Townsend, CPSU, 30 October 2009

Printed by authority of the Commonwealth Government Printer

<Price code A, PR990808>