DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Gallery of Australia
(AG2018/3268)

NATIONAL GALLERY OF AUSTRALIA ENTERPRISE AGREEMENT 2018 - 2021

Commonwealth employment
DEPUTY PRESIDENT KOVACIC	CANBERRA, 13 DECEMBER 2018

Application for approval of the National Gallery of Australia Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the National Gallery of Australia Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Gallery of Australia. 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 the employer. 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 Community and Public Sector Union and the Construction, Forestry, Maritime, Mining and Energy Union, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2018. The nominal expiry date of the Agreement is 20 December 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the National Gallery of Australia, sought the court's approval for an enterprise agreement concerning its employees for the period 2018-2021. The application was contested by a number of employee representatives who raised concerns regarding various provisions within the agreement. The Federal Court of Australia was tasked with evaluating the fairness and appropriateness of the agreement under the Fair Work Act 2009.

The central legal issues before the court involved determining whether the enterprise agreement met the 'better off overall test' as stipulated in section 231 of the Fair Work Act. This test requires that the agreement should ensure that employees are no worse off financially and, in some cases, better off overall when compared to their previous conditions. The court had to assess each contested clause to ascertain whether it complied with this statutory requirement. The court also had to consider whether the agreement adhered to the 'good faith' requirement under the Fair Work Act, ensuring that it was negotiated in a manner consistent with principles of good faith bargaining.

The court undertook a detailed analysis of the contested clauses, assessing their impact on the employees' financial and non-financial conditions. The court found that, while some clauses did not meet the better off overall test, others were fair and reasonable. The court concluded that the overall agreement was fair and met the statutory requirements. Consequently, the court approved the enterprise agreement, noting that while there were areas of concern, the agreement as a whole was in the best interests of the employees and the National Gallery of Australia. The court's approval ensures that the agreement can now be implemented, providing a stable framework for employment conditions within the organisation for the specified period.

National Gallery of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established