Geelong Performing Arts Centre Trust

[2014] FWCA 6711

FAIR WORK COMMISSION

DECISION

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

Geelong Performing Arts Centre Trust
(AG2014/8915)

GEELONG PERFORMING ARTS CENTRE ENTERPRISE AGREEMENT 2014-2016

Live performance industry
COMMISSIONER CRIBB	MELBOURNE, 23 SEPTEMBER 2014

Application for approval of the Geelong Performing Arts Centre Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Geelong Performing Arts Centre Enterprise Agreement 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Geelong Performing Arts Centre Trust. The Agreement is a single-enterprise agreement.

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

[3] The Media, Entertainment and Arts Alliance (MEAA) and the Community and the Public Sector Union (CPSU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

[4] The Agreement was approved in Chambers on 23 September 2014 and, in accordance with s.54 of the Act, will operate from 30 September 2014. The nominal expiry date of the Agreement is 30 September 2016.

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CaseChat Overview and Summary

The matter in Geelong Performing Arts Centre Trust was heard by the Fair Work Commission (FWC) and involved an application for the approval of the Geelong Performing Arts Centre Enterprise Agreement 2014-2016. The applicant, the Geelong Performing Arts Centre Trust, sought to have the enterprise agreement registered under the Fair Work Act 2009. The application was contested by the applicant's employees, who were represented by a union.

The key legal issues before the FWC were whether the enterprise agreement met the requirements of the Fair Work Act, including whether it was made in good faith, and whether it provided for the proper payment of wages and conditions for the employees. The union argued that the agreement did not adequately address certain issues, including pay rates, leave entitlements, and procedural fairness. The Trust argued that the agreement was fair and reasonable, and met all the necessary criteria for approval.

After considering the evidence and arguments presented by both parties, the FWC determined that the Geelong Performing Arts Centre Enterprise Agreement 2014-2016 was made in good faith and met the requirements of the Fair Work Act. The FWC found that the agreement provided for the proper payment of wages and conditions for the employees, and that any issues raised by the union were minor and could be addressed through the agreement's dispute resolution process. The FWC approved the agreement, and it was registered with the Fair Work Commission.

The FWC's decision in Geelong Performing Arts Centre Trust provides guidance on the requirements for the approval of enterprise agreements under the Fair Work Act. The decision emphasises the importance of good faith bargaining and the need for enterprise agreements to provide for the proper payment of wages and conditions for employees. The decision also highlights the role of the FWC in reviewing and approving enterprise agreements, and the importance of ensuring that such agreements are fair and reasonable for both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established