Geelong Art Gallery Incorporated
[2022] FWCA 4444
•15 DECEMBER 2022
| [2022] FWCA 4444 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Geelong Art Gallery Incorporated
(AG2022/5082)
Geelong Art Gallery Inc (the Company) Enterprise Agreement 2022 - 2025
| Amusement, events and recreation industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 15 DECEMBER 2022 |
Application for approval of the Geelong Art Gallery Inc (the Company) Enterprise Agreement 2022 - 2025
Geelong Art Gallery Incorporated has made an application for approval of an enterprise agreement known as the Geelong Art Gallery Inc (the Company) Enterprise Agreement 2022 - 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
While the application is generally in order, the employees did not receive the voting instructions seven clear days before the vote. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.
Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Australian Municipal, Administrative, Clerical and Services Union (ASU), 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) and based on its declaration, I note that the Agreement covers the ASU.
The Agreement was approved on 15 December 2022 and, in accordance with s 54, will operate from 22 December 2022. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318
Printed by authority of the Commonwealth Government Printer
<AE518603 PR748981>
0
0
0