DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian National Academy of Music
(AG2016/3930)

AUSTRALIAN NATIONAL ACADEMY OF MUSIC WORKPLACE AGREEMENT 2016

Educational services
COMMISSIONER LEE	MELBOURNE, 8 SEPTEMBER 2016

Application for approval of the Australian National Academy of Music Workplace Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian National Academy of Music Workplace Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian National Academy of Music. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Council of Trade Unions sought approval of the Australian National Academy of Music Workplace Agreement 2016. The respondent was the Australian National Academy of Music, and the dispute centred on the appropriateness of the agreement under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Act, particularly focusing on the process through which the agreement was negotiated and the contents of the agreement itself.

The key legal issues before the Commission were whether the agreement was genuinely negotiated, if it was in the best interests of the employees, and whether it complied with the relevant provisions of the Fair Work Act. The Commission considered evidence about the negotiation process, including the roles played by the parties and whether the agreement reflected a fair and balanced outcome. Furthermore, the Commission examined the specific terms of the agreement, including the provisions related to wages, working conditions, and dispute resolution mechanisms, to assess their compliance with the statutory requirements.

The Commission found that the agreement had not been genuinely negotiated, as it had been drafted unilaterally by the employer without any meaningful input from the union. The employer had failed to engage in good faith negotiations, which is a fundamental requirement for the approval of a workplace agreement under the Fair Work Act. Consequently, the agreement did not meet the statutory criteria for approval. The Commission rejected the application for approval, emphasising the importance of genuine negotiation and the need for compliance with the legislative framework.

As a result of the decision, the Australian National Academy of Music Workplace Agreement 2016 was not approved. The Commission's determination highlighted the necessity for genuine negotiation processes and adherence to the Fair Work Act in the formation of workplace agreements.

Australian National Academy of Music

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established