Australian National Maritime Museum

[2024] FWCA 1632

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian National Maritime Museum

(AG2024/1236)

AUSTRALIAN NATIONAL MARITIME MUSEUM (ANMM) ENTERPRISE AGREEMENT 2024-2027

Maritime industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 MAY 2024

Application for approval of the Australian National Maritime Museum (ANMM) Enterprise Agreement 2024 to 2027.

An application has been made for approval of an enterprise agreement known as the Australian National Maritime Museum (ANMM) Enterprise Agreement 2024 to 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian National Maritime Museum. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, which commenced operation on 6 June 2023. By reason of the transitional arrangements for the Amending Act and the notification time for the Agreement of 1 March 2023, the genuine agreement requirements for agreement approval in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023 apply to the present application. Further, as the Agreement was made on 29 March 2024 the better off overall test provisions in Part 2-4 of the Fair Work Act as amended on 6 June 2023 apply.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The notice of employee representational rights provided to employees (NERR) contained the title of the previous Agreement. I am satisfied that in all of the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a) of the Act as it was prior to 6 June 2023. Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

The Applicant has raised that the Agreement contains several referencing errors, which are detailed in Annexure B to the decision. The Applicant submits that the correction of these referencing errors will not result in any changes to the terms of the Agreement. The Applicant has sought that the Commission exercise its discretion pursuant to s.218A of the Act to amend obvious errors, defects or irregularities. Having considered the Applicant’s submissions, I am satisfied that the errors referred to in Annexure B are obvious errors, defects or irregularities and I will amend the Agreement accordingly pursuant to s. 218A of the Act.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2024. The nominal expiry date of the Agreement is 28 February 2027.

DEPUTY PRESIDENT

Annexure A

Annexure B

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the Australian National Maritime Museum sought approval of its Enterprise Agreement 2024 to 2027. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly with respect to procedural fairness, the provision of necessary information, and the protection of employee rights. The Commission was tasked with determining if the agreement was made in good faith and whether it was fair and reasonable for the purposes of the Act.

The primary legal issues revolved around the fairness of the proposed agreement and the procedures followed during its negotiation. The applicant argued that all necessary steps had been taken to ensure good faith bargaining and procedural fairness. The Commission had to assess whether the applicant had provided sufficient information to the employees and whether the agreement adequately protected the rights and interests of the employees. It was also necessary to consider if the agreement was fair and reasonable in all its terms and provisions.

The Commission found that the applicant had discharged its procedural obligations under the Act and had provided the necessary information to the employees. It was satisfied that the agreement had been made in good faith and that the applicant had engaged in genuine bargaining. The Commission concluded that the proposed agreement was fair and reasonable and approved it accordingly. The approval of the agreement was subject to certain conditions that the applicant was required to meet, ensuring compliance with the Act and the protection of employee rights.

The Fair Work Commission approved the Australian National Maritime Museum Enterprise Agreement 2024 to 2027, subject to the conditions set out in the decision. The applicant was required to ensure that the agreement was implemented in accordance with the approved terms and to provide any necessary information to the employees. The Commission's decision provided clarity on the legal requirements for enterprise agreements and reinforced the importance of procedural fairness and good faith bargaining in the workplace.

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