Arts Project Australia Inc Trading AS Arts Project Australia

[2025] FWCA 1740

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Arts Project Australia Inc Trading AS Arts Project Australia

(AG2025/1443)

ARTS PROJECT AUSTRALIA ENTERPRISE AGREEMENT 2024-2028

Social, community, home care and disability services
DEPUTY PRESIDENT BOYCE	SYDNEY, 26 MAY 2025

Application for approval of the Arts Project Australia Enterprise Bargaining Agreement 2024-2028

An application has been made for approval of an enterprise agreement to be known as the Arts Project Australia Enterprise Bargaining Agreement 2024-2028 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Arts Project Australia Inc Trading AS Arts Project Australia (Employer). The Agreement is a single enterprise agreement.

Workplace delegates’ rights clause

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Social, Community, Home Care and Disability Services Industry Award 2010 is taken to be a term of the Agreement.

Model and/or flexibility clause

Pursuant to s.204(1) and 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.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2025. The nominal expiry date of the Agreement is 26 May 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Arts Project Australia Inc, trading as Arts Project Australia, an application was filed before the Fair Work Commission seeking approval of the proposed Enterprise Bargaining Agreement for the period 2024-2028. The applicant, Arts Project Australia Inc, sought to have the agreement ratified by the Commission to ensure it met the necessary legal standards and to provide a framework for the terms and conditions of employment for its employees. The Commission was tasked with reviewing the agreement to determine if it complied with the relevant legislative provisions and if it met the requirements for approval under the Fair Work Act.

The primary legal issues before the Commission were whether the proposed Enterprise Bargaining Agreement adhered to the procedural requirements under the Fair Work Act and whether it contained terms and conditions that were fair and reasonable for the employees involved. The Commission had to assess if the agreement was made in good faith and if it met the public interest test. Additionally, the Commission considered the fairness of the agreement's provisions concerning wages, hours of work, and other employment conditions, ensuring they were not less favourable than the applicable awards or safety net.

The Commission found that the proposed Enterprise Bargaining Agreement complied with the procedural requirements of the Fair Work Act, including adequate consultation with employee representatives. The agreement was determined to be made in good faith and met the public interest test. The Commission concluded that the terms and conditions outlined in the agreement were fair and reasonable, providing a balanced outcome for both the employer and the employees. The Commission approved the agreement, acknowledging the need for such agreements to foster fair and productive workplace relations.

The Fair Work Commission approved the Arts Project Australia Enterprise Bargaining Agreement for the period 2024-2028, subject to the conditions and terms outlined in the agreement. The approval was granted on the basis that the agreement met the legal requirements and provided a fair and reasonable framework for the employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established