DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian War Memorial
(AG2017/1935)

AUSTRALIAN WAR MEMORIAL TEAMWORK AGREEMENT 2017-2020

Australian Capital Territory
COMMISSIONER MCKINNON	MELBOURNE, 3 JULY 2017

Application for approval of the Australian War Memorial Teamwork Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Australian War Memorial Teamwork 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 War Memorial. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The CPSU, the Community and Public Sector Union and Construction, Forestry, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2017. The nominal expiry date of the Agreement is 9 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Australian War Memorial, the Fair Work Commission was tasked with approving the Australian War Memorial Teamwork Agreement 2017-2020. The application for approval was made by the Australian War Memorial, which sought to establish a new agreement to govern the employment terms and conditions of certain employees. The dispute centred around the specifics of the proposed agreement, including its coverage, classification of employees, and provisions related to remuneration, hours of work, and other employment conditions.

The legal issues before the commission primarily revolved around whether the proposed agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. Key considerations included the proper classification of employees under the agreement, the fairness of the remuneration and conditions proposed, and whether the agreement met the requirements for being a teamwork agreement as defined by the legislation. The commission also had to ensure that the agreement did not unfairly disadvantage any party and provided for adequate protections and rights for the employees.

The Fair Work Commission, after thorough consideration of the application and submissions from both the Australian War Memorial and the relevant employee representatives, found that the proposed agreement was fair and met the necessary legislative requirements. The commission determined that the agreement appropriately classified employees and provided for fair remuneration and working conditions. The commission also noted that the agreement included appropriate protections and did not unfairly disadvantage any party. Consequently, the commission approved the Australian War Memorial Teamwork Agreement 2017-2020, deeming it to be a lawful and fair agreement.

Australian War Memorial

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established