DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australia Council
(AG2017/4938)

AUSTRALIA COUNCIL ENTERPRISE AGREEMENT 2017-2020

State and Territory government administration
DEPUTY PRESIDENT KOVACIC	CANBERRA, 26 OCTOBER 2017

Application for approval of the Australia Council Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Australia Council Enterprise Agreement 2017-2020 (the Agreement). The application was Australia Council. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The CPSU, the Community and Public Sector Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2017. The nominal expiry date of the Agreement is 2 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the Australia Council Enterprise Agreement 2017-2020. The parties to the agreement were the Australia Council for the Arts and the Australian Council of Trade Unions, representing the employees. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the requirement of being in the best interests of the employees, as well as the requirements for good faith bargaining and procedural fairness. The Commission also needed to consider whether the agreement provided for fair and reasonable terms and conditions.

The Fair Work Commission found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions, including provisions for pay rates, leave entitlements, and working conditions. The Commission also found that the bargaining process was conducted in good faith and that procedural fairness was observed. The Commission approved the proposed agreement, finding that it met the requirements of the Fair Work Act. The Australia Council Enterprise Agreement 2017-2020 was approved and registered with the Fair Work Commission.

No additional information is provided about any final orders made by the court.

Australia Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established