Creative Australia

Case

[2024] FWCA 1347

16 APRIL 2024


[2024] FWCA 1347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Creative Australia

(AG2024/1000)

CREATIVE AUSTRALIA ENTERPRISE AGREEMENT 2024–2026

Commonwealth employment

DEPUTY PRESIDENT COLMAN

MELBOURNE, 16 APRIL 2024

Application for approval of the Creative Australia Enterprise Agreement 2024–2026

  1. Creative Australia has applied under s 185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement, the Creative Australia Enterprise Agreement 2024–2026 (the Agreement).

  1. I am satisfied that the requirements of ss 186, 187 and 188 have been met. In particular, I am satisfied that the Agreement passes the ‘better off overall test’. The Agreement provides numerous terms of employment that are more beneficial to employees than those in the relevant award, including substantially higher salaries and employer superannuation contributions, and enhanced entitlements to leave. These terms comfortably outweigh the terms which, in certain respects, are less beneficial than those in the award. In my view each award covered employee and each reasonably foreseeable employee will be better off overall under the Agreement. I reach this conclusion having undertaken the global assessment required by s 193A(2), and having considered the views of Creative Australia and the Community and Public Sector Union (CPSU), which are that the Agreement passes the BOOT (see s 193A(3) and (4)).

  1. The CPSU has given notice under s 183 that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CPSU.

  1. The Agreement was approved on 16 April 2024 and will operate from 23 April 2024.


DEPUTY PRESIDENT
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