DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Arts Project Australia Inc. T/A Arts Project Australia
(AG2017/6394)

ARTS PROJECT AUSTRALIA ENTERPRISE BARGAINING AGREEMENT 2017-2020

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 27 JUNE 2018

Application for approval of the Arts Project Australia Enterprise Bargaining Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Arts Project Australia Enterprise Bargaining Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Arts Project Australia Inc. T/A Arts Project Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2018. The nominal expiry date of the Agreement is 26 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Arts Project Australia Inc., trading as Arts Project Australia, applied for approval of their Enterprise Bargaining Agreement 2017-2020. The application was heard by the Fair Work Commission, with the aim to ensure the agreement met the requirements of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement complied with the procedural and substantive requirements of the Act. Specifically, the court needed to examine whether the agreement was made in good faith, whether it contained the necessary minimum terms, and if the process leading to the agreement was fair and appropriate.

The court examined the process by which the agreement was negotiated and whether it complied with the procedural fairness requirements. It considered whether the employer and the union had acted in good faith and whether the employees had been adequately represented. Furthermore, the court assessed the substantive content of the agreement to ensure it included the mandated minimum terms and did not disadvantage employees. The Fair Work Commission found that the agreement was made in good faith and followed a fair and appropriate process. The court also determined that the agreement included all the required minimum terms and did not unfavourably distinguish employees, thus meeting the requirements of the Fair Work Act.

In conclusion, the Fair Work Commission approved the Enterprise Bargaining Agreement 2017-2020, finding it to be compliant with the Fair Work Act 2009. The decision highlights the importance of ensuring agreements are made in good faith and contain all necessary minimum terms. The court's approval of the agreement allows it to be registered and enforceable, providing a stable framework for employment relations between Arts Project Australia and its employees for the specified period.

Arts Project Australia Inc. T/A Arts Project Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established