DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian National Maritime Museum
(AG2017/3076)

AUSTRALIAN NATIONAL MARITIME MUSEUM ENTERPRISE AGREEMENT 2017-2020

Commonwealth employment
DEPUTY PRESIDENT KOVACIC	CANBERRA, 4 SEPTEMBER 2017

Application for approval of the Australian National Maritime Museum Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Australian National Maritime Museum Enterprise Agreement 2017 - 2020 (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 Maritime Museum. The Agreement is a single enterprise agreement.

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

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Australian National Maritime Museum. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2017. The nominal expiry date of the Agreement is 11 September 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of an application for approval of the Australian National Maritime Museum Enterprise Agreement 2017-2020, the Australian National Maritime Museum was the applicant, seeking approval of the proposed enterprise agreement with its employees. The respondents, who were represented by the Community and Public Sector Union (CPSU), opposed the approval of the agreement on several grounds, including the provisions on remuneration, working conditions, and other employment terms. The matter was heard in the Fair Work Commission of Australia.

The central legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement facilitated the improvement of the terms and conditions of employment for the employees, and if it provided for the fair and efficient resolution of disputes between the parties. The Commission also had to consider whether the agreement was consistent with the national workplace relations system, and if it provided for the fair and efficient resolution of disputes between the parties.

The Commission found that the proposed agreement met the criteria for approval under the Fair Work Act 2009. The Commission noted that the agreement provided for improvements in the terms and conditions of employment for the employees, and that it facilitated the fair and efficient resolution of disputes between the parties. The Commission also found that the agreement was consistent with the national workplace relations system, and that it provided for the fair and efficient resolution of disputes between the parties. The Commission approved the proposed agreement, subject to certain modifications to address the concerns raised by the respondents.

The Commission ordered that the Australian National Maritime Museum Enterprise Agreement 2017-2020 be approved, subject to the modifications made by the Commission. The modifications included changes to the provisions on remuneration, working conditions, and other employment terms. The Commission also ordered that the agreement be registered with the Fair Work Commission, and that it be given effect from the date of the Commission's decision. The Commission further ordered that the agreement be published in the Commonwealth Gazette, and that notice of the approval of the agreement be given to all employees covered by the agreement.

Australian National Maritime Museum

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established