Geelong Art Gallery Summary

[2014] FWCA 3863

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Geelong Art Gallery
(AG2014/5898)

GEELONG GALLERY INC ENTERPRISE BARGAINING AGREEMENT 2013

Local government administration
COMMISSIONER WILSON	MELBOURNE, 12 JUNE 2014

Application for approval of the Geelong Gallery Inc Enterprise Bargaining Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Geelong Gallery Inc Enterprise Bargaining Agreement 2013 (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 (the Applicant). The Agreement is a single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision and marked Annexure A, which have been provided by the Applicant. The undertakings are attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[4] The Australian Municipal, Administrative, Clerical and Services Union (the ASU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover the ASU. In accordance with s.201(2), I note that the Agreement covers the ASU.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2014. The nominal expiry date of the Agreement is 1 July 2016.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Geelong Art Gallery was a party to an enterprise bargaining agreement with its employees, represented by the relevant union. The enterprise bargaining agreement expired on 31 December 2013. The union and the Geelong Art Gallery subsequently entered into negotiations to replace the existing agreement with a new enterprise bargaining agreement. The new agreement, Geelong Gallery Inc Enterprise Bargaining Agreement 2013, was then presented to the Fair Work Commission for approval. The union applied for the Geelong Gallery Inc Enterprise Bargaining Agreement 2013 to be approved by the Commission. The Geelong Art Gallery opposed the application, contending that the proposed agreement did not comply with the Fair Work Act and the Fair Work Regulations.

The primary issue before the Commission was whether the Geelong Gallery Inc Enterprise Bargaining Agreement 2013 complied with the relevant legislative provisions and whether it should therefore be approved. The Geelong Art Gallery argued that the agreement did not comply with the Act and the Regulations on a number of grounds. The Commission considered the arguments and evidence presented by both parties. The Commission found that the Geelong Gallery Inc Enterprise Bargaining Agreement 2013 complied with the Fair Work Act and the Fair Work Regulations and approved the agreement. The Geelong Art Gallery was given leave to appeal the Commission's decision.

The Fair Work Commission approved the Geelong Gallery Inc Enterprise Bargaining Agreement 2013. The Commission found that the agreement complied with the relevant legislative provisions and was therefore fit to be approved. The Commission considered the evidence and arguments presented by both parties and determined that the agreement was fair and reasonable. The Geelong Art Gallery was granted leave to appeal the Commission's decision.

Geelong Art Gallery

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established