Arts Access Society Inc

[2023] FWCA 2351

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Arts Access Society Inc

(AG2023/1726)

ARTS ACCESS VICTORIA (AAV) ENTERPRISE AGREEMENT 2023

Social, community, home care and disability services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 JULY 2023

Application for approval of the Arts Access Victoria (AAV) Enterprise Agreement 2023

An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Arts Access Victoria (AAV) Enterprise Agreement 2023 (Agreement).

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.

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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 4 August 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE520926 PR764693>
Annexure A

CaseChat Overview and Summary

Arts Access Society Inc. applied to the Fair Work Commission for approval of the Arts Access Victoria (AAV) Enterprise Agreement 2023. The applicant, Arts Access Society Inc., is an employer of workers engaged in the disability sector. The dispute involves the terms and conditions of employment for these workers, as outlined in the proposed agreement. The matter was heard in the Fair Work Commission, an Australian federal statutory tribunal with jurisdiction over employment law matters.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. This included whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether it was fair and reasonable. Additionally, the Commission needed to determine if the agreement adequately provided for the rights and entitlements of the employees under the Act.

The Fair Work Commission found that the proposed agreement was made in good faith and contained the necessary minimum terms and conditions as required by the Act. The Commission considered that the agreement was fair and reasonable, taking into account the nature of the work and the specific circumstances of the disability sector. The Commission also noted that the agreement provided for the rights and entitlements of the employees, including provisions for wages, hours of work, leave, and other employment conditions. As a result, the Commission approved the Arts Access Victoria (AAV) Enterprise Agreement 2023.

The Fair Work Commission approved the Arts Access Victoria (AAV) Enterprise Agreement 2023, effective from the date of the Commission's decision. The agreement will govern the terms and conditions of employment for the workers engaged by Arts Access Society Inc. in the disability sector. The approval of the agreement ensures that the employees will receive fair and reasonable employment conditions, as well as the necessary protections and entitlements under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established