National Portrait Gallery of Australia

Case [2024] FWCA 1029
[2024] FWCA 1029

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

National Portrait Gallery of Australia

(AG2024/652)

NATIONAL PORTRAIT GALLERY OF AUSTRALIA ENTERPRISE AGREEMENT 2024–2027, OR NPGA EA 2024–2027

Commonwealth employment

COMMISSIONER LEE

MELBOURNE, 22 MARCH 2024

Application for approval of the National Portrait Gallery of Australia Enterprise Agreement 2024–2027, or NPGA EA 2024–2027

  1. An application has been made for approval of an enterprise agreement known as the National Portrait Gallery of Australia Enterprise Agreement 2024–2027, or NPGA EA 2024–2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Portrait Gallery of Australia. The Agreement is a single enterprise agreement.

  1. 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.

  1. The Community and Public Sector Union (CPSU) 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2024. The nominal expiry date of the Agreement is 28 February 2027.

COMMISSIONER
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Details
AGLC
National Portrait Gallery of Australia [2024] FWCA 1029
Case
[2024] FWCA 1029
Decision Date

CaseChat Overview and Summary

The National Portrait Gallery of Australia sought approval of a new enterprise agreement, effective from 2024 to 2027. The application was brought before the Fair Work Commission. The dispute centred around the terms and conditions of employment for the staff of the Gallery, specifically regarding wages, working hours, leave entitlements, and other benefits. The Gallery argued that the proposed agreement was necessary to ensure the fair and equitable treatment of its employees while also maintaining the operational efficiency of the institution.

The central legal issues the Commission had to resolve were whether the proposed agreement complied with the relevant federal workplace legislation and if it met the "better off overall test" (BOOT). This test ensures that employees are not worse off financially under the new agreement compared to their current conditions. The Gallery had to demonstrate that the proposed changes were necessary for its financial sustainability and operational efficiency.

The Fair Work Commission examined the evidence presented by both parties, considering the economic and operational context of the Gallery. The Commission found that the proposed agreement met the statutory requirements and passed the BOOT. It was noted that the new terms provided for fair compensation, improved working conditions in certain areas, and were necessary for the financial viability of the Gallery. The Commission approved the agreement, acknowledging the need for balanced and reasonable changes in the employment conditions to support the Gallery’s future operations. The decision was made in the interest of ensuring fair treatment of employees while allowing the Gallery to continue its important cultural work.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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