DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linda Peterson
(AG2017/1435)

NATIONAL MUSEUM OF AUSTRALIA ENTERPRISE AGREEMENT 2017 - 2020

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 9 MAY 2017

Application for approval of the National Museum of Australia Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the National Museum of Australia Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the National Museum of Australia. 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 CPSU, the Community and Public Sector 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2017. The nominal expiry date of the Agreement is 16 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linda Peterson, an employee of the National Museum of Australia, brought an application before the Fair Work Commission seeking approval of the National Museum of Australia Enterprise Agreement 2017-2020. Peterson argued that the agreement, which was negotiated by the museum's employer and the relevant union, should be certified as it met the statutory criteria for approval under the Fair Work Act 2009. The dispute centred on whether the agreement provided for the minimum terms and conditions as required by law, and if it had been genuinely bargained between the parties.

The central legal issues before the Commission were whether the agreement provided for the minimum terms and conditions set out in the Act, and whether the agreement had been genuinely negotiated between the parties. The Commission had to consider if the agreement met the requirements of section 231 of the Act, which mandates that an enterprise agreement must not provide terms and conditions that are less favourable than the relevant minimum standards and must have been genuinely bargained. The Commission also had to consider if the agreement met the requirements of section 227 of the Act, which sets out the process for the negotiation of an enterprise agreement.

In reaching its decision, the Commission examined the terms of the agreement and the process by which it was negotiated. The Commission found that the agreement provided for the minimum terms and conditions required by the Act and that it had been genuinely negotiated between the parties. The Commission noted that the agreement had been the subject of extensive negotiations between the employer and the union, and that it had been approved by the union's members. The Commission also found that the agreement met the requirements of section 231 of the Act, as it did not provide for terms and conditions that were less favourable than the minimum standards set out in the Act.

Accordingly, the Commission approved the National Museum of Australia Enterprise Agreement 2017-2020. The agreement will now be registered by the Fair Work Commission, and will provide the terms and conditions of employment for the employees covered by the agreement.

Linda Peterson

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established