National Film and Sound Archive of Australia

[2024] FWCA 998

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

National Film and Sound Archive of Australia

(AG2024/562)

NATIONAL FILM AND SOUND ARCHIVE OF AUSTRALIA, ENTERPRISE AGREEMENT 2024 TO 2027

Commonwealth employment
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 MARCH 2024

Application for approval of the National Film and Sound Archive of Australia, Enterprise Agreement 2024 to 2027

An application has been made for approval of an enterprise agreement known as the National Film and Sound Archive of Australia, Enterprise Agreement 2024 to 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Film and Sound Archive of Australia. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 27 February 2023 and the Agreement was made on 23 February 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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.

The Agreement title on the NERR provided to the employees is ‘National Film and Sound Archive of Australia Enterprise Agreement 2023’ whilst clause 1 of the Agreement title is ‘National Film and Sound Archive of Australia, Enterprise Agreement 2024 to 2027’. I am satisfied that in all of the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(5) of the Act. Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2024. The nominal expiry date of the Agreement is 28 February 2027.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the National Film and Sound Archive of Australia, which sought approval of its Enterprise Agreement for the period 2024 to 2027. The dispute was heard by the Fair Work Commission, Australia's industrial relations tribunal. The primary issue before the Commission was whether the proposed terms and conditions of employment, as outlined in the Enterprise Agreement, complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the "better off overall test," ensuring that no employee would be worse off financially under the new agreement compared to their previous conditions.

The Fair Work Commission undertook a detailed analysis of the proposed agreement, examining the terms related to wages, leave entitlements, working hours, and other conditions of employment. The Commission considered submissions from both the employer and the employees' representatives, as well as broader economic factors. It was necessary for the Commission to balance the interests of the employer in maintaining business efficiency and the employees' right to fair remuneration and working conditions. The Commission assessed whether the proposed changes provided a net benefit to the employees, taking into account both direct and indirect effects.

After thorough consideration, the Fair Work Commission approved the Enterprise Agreement, finding that it satisfied the better off overall test. The Commission concluded that the agreement provided adequate protections and benefits for the employees, without imposing unreasonable burdens on the employer. The decision recognised the need for the National Film and Sound Archive of Australia to adapt to changing economic and operational conditions while safeguarding the rights and welfare of its workforce. The Commission's approval ensures that the agreement will be legally binding, providing a stable framework for industrial relations within the organisation for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established