DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Portrait Gallery of Australia
(AG2017/1750)

NATIONAL PORTRAIT GALLERY OF AUSTRALIA ENTERPRISE AGREEMENT 2017-2020

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 10 JULY 2017

Application for approval of the National Portrait Gallery of Australia Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the National Portrait Gallery of Australia Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Portrait Gallery of Australia. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings 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 the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The CPSU, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2017. The nominal expiry date of the Agreement is 16 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The National Portrait Gallery of Australia sought approval for its Enterprise Agreement 2017-2020 from the Fair Work Commission. The dispute centred around the application for the approval of the enterprise agreement which was proposed by the Gallery and the Fair Work Commission was required to assess if the agreement complied with the necessary legislative requirements and if it was in the best interest of the employees. The Fair Work Commission held that the application for approval of the National Portrait Gallery of Australia Enterprise Agreement 2017-2020 was made in accordance with the legislative requirements and that the agreement was in the best interest of the employees. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum wages, leave entitlements, and other benefits for the employees. The Commission also noted that the agreement contained provisions for dispute resolution and that it provided for a fair and efficient process for resolving any disputes that may arise. The Commission approved the application for the agreement, and it came into effect on the date of the approval. The decision of the Commission was final and binding on the parties involved.

National Portrait 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