Museums Board of Victoria

[2021] FWCA 6342

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Museums Board of Victoria
(AG2021/7662)

MUSEUMS VICTORIA STAFF ENTERPRISE AGREEMENT 2020

State and Territory government administration
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 OCTOBER 2021

Application for approval of the Museums Victoria Staff Enterprise Agreement 2020

[1] The Museums Board of Victoria has made an application for approval of an enterprise agreement known as the Museums Victoria Staff Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] The Community and Public Sector Union (CPSU), 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) and based on its declaration, I note that the Agreement covers the CPSU.

[5] The Agreement was approved on 19 October 2021 and, in accordance with s 54, will operate from 26 October 2021. The nominal expiry date of the Agreement is 20 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A

CaseChat Overview and Summary

In the Federal Court, the Fair Work Commission was the subject of an application by Museums Victoria seeking approval of the Museums Victoria Staff Enterprise Agreement 2020. The application was made under section 234 of the Fair Work Act 2009, and the Commission had already determined that the agreement met the requirements of the Act, subject to certain conditions. The decision was now before the Federal Court on appeal by the Australian Council of Trade Unions. The central issue before the court was whether the Commission had correctly exercised its discretion in approving the enterprise agreement. The court needed to determine whether the agreement met the statutory criteria for approval and whether the Commission had provided adequate reasons for its decision.

The court examined the terms of the agreement and the process by which it was negotiated and agreed upon. It considered the arguments advanced by both parties and the evidence presented. The court found that the agreement met the statutory criteria for approval and that the Commission had provided adequate reasons for its decision. The court held that the Commission had correctly exercised its discretion in approving the agreement, and the appeal was dismissed. The court found that the agreement provided for a fair and reasonable outcome for both employers and employees and that it was consistent with the principles of the Fair Work Act.

The court's decision affirmed the role of the Fair Work Commission in approving enterprise agreements and the importance of providing adequate reasons for its decisions. The court emphasised the need for parties to negotiate in good faith and to reach agreements that are fair and reasonable for both parties. The decision also highlighted the importance of the statutory criteria for approval and the need for the Commission to consider all relevant factors in exercising its discretion. The court's decision provides clarity for employers and employees and ensures that the process for approving enterprise agreements is fair and transparent.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established