DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Capital Territory T/A Cultural Facilities Corporation
(AG2019/1450)

ACT PUBLIC SECTOR CULTURAL FACILITIES CORPORATION ENTERPRISE AGREEMENT 2018-2021

Commonwealth employment
DEPUTY PRESIDENT KOVACIC	CANBERRA, 28 JUNE 2019

Application for approval of the ACT Public Sector Cultural Facilities Corporation Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the ACT Public Sector Cultural Facilities Corporation Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Capital Territory T/A Cultural Facilities Corporation. The Agreement is a single enterprise agreement.

[2] The CPSU, the Community and Public Sector Union (CPSU) in its Form F18 – Statutory declaration of employee organisation in relation to an application for approval of an enterprise agreement (other than a greenfields agreement) indicated that it disagreed with a number of statements in the employer’s statutory declaration. The issues raised by the CPSU primarily related to the Agreement’s consistency with the National Employment Standards and differences between the Agreement and the underpinning modern enterprise award. In considering the application I have had regard to the issues raised by the CPSU in its Form F18. However, 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 Media, Entertainment and Arts Alliance and the CPSU being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2019. The nominal expiry date of the Agreement is 31 October 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Australian Capital Territory for approval of the ACT Public Sector Cultural Facilities Corporation Enterprise Agreement 2018-2021. The applicant, who was acting as the employer, sought to ensure that the proposed agreement was in line with the requirements set out in the Public Sector Management Act 1992. The matter was heard and determined by the Fair Work Commission.

The central legal issue before the court was whether the proposed enterprise agreement complied with the legislative framework, specifically the provisions of the Public Sector Management Act 1992, and whether it was consistent with the principles of enterprise bargaining and good faith. The court needed to examine the terms and conditions of the agreement, and assess if they were fair and reasonable for the employees involved, as well as if they adhered to relevant industrial laws.

The court found that the proposed enterprise agreement met the necessary criteria for approval, as it complied with the Public Sector Management Act 1992 and adhered to the principles of enterprise bargaining. The court also determined that the agreement was fair and reasonable for the employees involved, as it offered them appropriate remuneration and working conditions. As a result, the court approved the agreement, allowing it to be implemented by the employer.

The Fair Work Commission approved the ACT Public Sector Cultural Facilities Corporation Enterprise Agreement 2018-2021, and directed that it be registered with the Australian Industrial Registry. The decision provided clarity for the parties involved, ensuring that the agreement was in line with relevant industrial laws and the principles of enterprise bargaining. The approval of the agreement allowed for the continued operation of the cultural facilities within the public sector, with fair and reasonable terms for the employees.

Australian Capital Territory T/A Cultural Facilities Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established