DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geelong Art Gallery Incorporated T/A Geelong Gallery
(AG2018/5168)

GEELONG ART GALLERY INC ENTERPRISE AGREEMENT 2018 – 2022

Clerical industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 FEBRUARY 2019

Application for approval of the Geelong Art Gallery Inc Enterprise Agreement 2018 – 2022.

[1] An application has been made for approval of an enterprise agreement known as the Geelong Art Gallery Inc Enterprise Agreement 2018 – 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Geelong Art Gallery Incorporated T/A Geelong Gallery. The Agreement is a single enterprise agreement.

[2] 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.

[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 Australian Municipal, Administrative, Clerical and Services 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.

[5] The Agreement was approved on 1 February 2019 and, in accordance with s.54, will operate from 8 February 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Geelong Art Gallery Incorporated T/A Geelong Gallery applied to the Fair Work Commission for approval of the Geelong Art Gallery Inc Enterprise Agreement 2018 – 2022. The application was made under section 234 of the Fair Work Act 2009, as the enterprise agreement was yet to be approved by the Commission. The applicant sought the approval of the agreement, which was negotiated between Geelong Art Gallery and the union representing employees. The nature of the dispute centred on whether the proposed terms and conditions in the enterprise agreement complied with the provisions of the Fair Work Act and whether they met the requirements for approval.

The primary legal issues the Fair Work Commission was required to decide involved assessing whether the enterprise agreement was fairly negotiated, whether it included the minimum entitlements as prescribed by the Fair Work Act, and whether the agreement was in the best interests of the employees. The Commission had to determine if the agreement complied with procedural fairness requirements and if it contained any unlawful terms that could be struck out. The Commission also needed to consider whether the agreement facilitated a cooperative workplace environment, as mandated by the Fair Work Act.

After thorough examination of the application and the submissions from both parties, the Fair Work Commission determined that the Geelong Art Gallery Inc Enterprise Agreement 2018 – 2022 complied with the requirements of the Fair Work Act. The Commission found that the agreement was fairly negotiated, contained all the necessary minimum entitlements, and was in the best interests of the employees. The Commission also concluded that the agreement did not contain any unlawful terms and would facilitate a cooperative workplace environment. Accordingly, the Commission approved the Geelong Art Gallery Inc Enterprise Agreement 2018 – 2022 under section 234 of the Fair Work Act 2009.

Geelong Art Gallery Incorporated T/A Geelong Gallery

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established