Australian Capital Territory T/A Cultural Facilities Corporation

[2019] FWCA 4487

[2019] FWCA 4487

FAIR WORK COMMISSION

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.

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