Commonwealth Of Australia Represented By The National Museum Of Australia T/A National Museum Of Australia
[2024] FWCA 1164
•2 APRIL 2024
| [2024] FWCA 1164 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Commonwealth Of Australia Represented By The National Museum Of Australia T/A National Museum Of Australia
(AG2024/750)
NATIONAL MUSEUM OF AUSTRALIA ENTERPRISE AGREEMENT 2024-2027
| Commonwealth employment | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 2 APRIL 2024 |
Application for approval of the National Museum of Australia Enterprise Agreement 2024-2027
An application has been made for approval of an enterprise agreement known as the National Museum of Australia Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Commonwealth of Australia (National Museum of Australia). 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, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 24 February 2023 and the Agreement was made on 3 March 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The title clause of the Agreement refers to the ‘National Museum of Australia Enterprise Agreement 2024-2027’; however, the agreement title in the NERR provided to employees refers to the ‘National Museum of Australia Enterprise Agreement 2023’. I am satisfied that it is appropriate to exercise my discretion under s.188(5) to disregard minor procedural or technical errors on the basis that there was no disadvantage caused to the employees by the error.
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 and the matters outlined in paragraph [3], 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 Community and Public Sector Union (CPSU), 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 9 April 2024. The nominal expiry date of the Agreement is 27 February 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A.
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