National Gallery of Australia Summary

[2024] FWCA 1116

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

National Gallery of Australia

(AG2024/835)

NATIONAL GALLERY OF AUSTRALIA ENTERPRISE AGREEMENT 2024 - 2026

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 28 MARCH 2024

Application for approval of the National Gallery of Australia Enterprise Agreement 2024 - 2026.

An application has been made for approval of an enterprise agreement known as the National Gallery of Australia Enterprise Agreement 2024 – 2026 (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.

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.

CPSU, the Community and Public Sector Union and the Construction, Forestry and Maritime Employees 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2024. The nominal expiry date of the Agreement is 26 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Gallery of Australia brought an application to the Fair Work Commission for approval of the National Gallery of Australia Enterprise Agreement 2024 - 2026. The application was made under the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for certain employees of the Gallery.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Act, particularly with respect to the process by which the agreement was reached, and whether the terms of the agreement were fair and reasonable. The Commission had to consider whether the agreement was made in good faith and whether it provided for a direct, transparent and meaningful process of employee participation in the negotiation of the agreement.

The Commission found that the agreement was made in accordance with the requirements of the Act and that the process by which it was reached was fair and reasonable. The Commission noted that the agreement was the product of a lengthy and detailed negotiation process that involved extensive consultation and engagement with the employees and their representatives. The Commission was satisfied that the agreement provided for a meaningful process of employee participation and that the terms of the agreement were fair and reasonable.

Accordingly, the Commission approved the National Gallery of Australia Enterprise Agreement 2024 - 2026. The agreement is now legally binding on the parties and will govern the terms and conditions of employment for the relevant employees until it is replaced by a new agreement or terminated in accordance with the Act.

National Gallery of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established