DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geelong Performing Arts Centre Trust T/A Geelong Performing Arts Centre
(AG2017/5665)

GEELONG PERFORMING ARTS CENTRE ENTERPRISE AGREEMENT 2016 - 2020.

Live performance industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 22 MARCH 2018

Application for approval of the Geelong Performing Arts Centre Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Geelong Performing Arts Centre Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Geelong Performing Arts Centre Trust T/A Geelong Performing Arts Centre. The Agreement is a single enterprise agreement.

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

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Geelong Performing Arts Centre Trust T/A Geelong Performing Arts Centre. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Media, Entertainment and Arts Alliance 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 is approved and, in accordance with s.54 of the Act, will operate from 29 March 2018. The nominal expiry date of the Agreement is 29 February 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Geelong Performing Arts Centre Trust, trading as Geelong Performing Arts Centre, applied for the approval of the Geelong Performing Arts Centre Enterprise Agreement 2016-2020. The application was made under the Fair Work Act 2009. The applicant sought approval for an enterprise agreement that would govern the employment terms and conditions of its employees.

The legal issues before the Commission included whether the proposed agreement met the requirements for an "agreement" under the Fair Work Act, and whether it complied with the "better off overall test" (BOOT). This test ensures that employees are not worse off financially under the proposed agreement compared to their existing terms. Additionally, the Commission considered whether the agreement provided adequate protections for employees and was fairly negotiated.

The Commission found that the proposed agreement satisfied the requirements for an agreement under the Fair Work Act. It was determined that the agreement had been fairly negotiated and met the BOOT, as employees were not disadvantaged financially. The Commission also found that the agreement provided appropriate protections for employees, including provisions for leave, redundancy, and dispute resolution. Consequently, the Commission approved the Geelong Performing Arts Centre Enterprise Agreement 2016-2020.

The final orders included the approval of the Geelong Performing Arts Centre Enterprise Agreement 2016-2020, with specific conditions attached to ensure compliance with the Fair Work Act and the protection of employee rights.

Geelong Performing Arts Centre Trust T/A Geelong Performing Arts Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established