National Gallery of Victoria

[2013] FWCA 940

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Application for approval of a single-enterprise agreement

National Gallery of Victoria
(AG2013/4805)

THE COUNCIL OF TRUSTEES OF THE NATIONAL GALLERY OF VICTORIA ENTERPRISE AGREEMENT 2012—2015

State and Territory government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 11 FEBRUARY 2013

Application for approval of The Council of Trustees of the National Gallery of Victoria Enterprise Agreement 2012—2015.

[1] An application has been made for approval of an enterprise agreement known as The Council of Trustees of the National Gallery of Victoria Enterprise Agreement 2012—2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the National Gallery of Victoria. The Agreement is a single-enterprise agreement.

[2] 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] The CPSU, the Community and Public Sector Union, being a bargaining representative for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2013. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Council of Trustees of the National Gallery of Victoria applied to the Fair Work Commission for approval of an enterprise agreement. The applicant sought to amend the terms and conditions of employment for certain employees. The dispute was heard in the Fair Work Commission. The key issue before the Commission was whether the proposed changes to the enterprise agreement were fair and reasonable in all aspects. The Commission needed to determine if the changes complied with the relevant provisions of the Fair Work Act 2009, including whether they provided for a fair and efficient workplace and whether they took into account the need for a sustainable and productive workforce.

The Commission examined the proposed changes in detail, considering the evidence presented by both parties. It found that the proposed changes provided for a fair and efficient workplace and took into account the need for a sustainable and productive workforce. The changes also provided for appropriate dispute resolution mechanisms and were consistent with the principles of the Fair Work Act. The Commission concluded that the proposed changes to the enterprise agreement were fair and reasonable in all aspects and approved the application for the amendment.

The Fair Work Commission approved the application for the amendment to the enterprise agreement. The changes to the agreement were considered fair and reasonable in all aspects, providing for a sustainable and productive workforce and appropriate dispute resolution mechanisms. The Commission's decision was based on the evidence presented by both parties and the principles of the Fair Work Act. The approved enterprise agreement now sets out the terms and conditions of employment for the relevant employees of the National Gallery of Victoria.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established