DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Trust of Australia (Victoria)
(AG2021/4928)

NATIONAL TRUST OF AUSTRALIA (VICTORIA) AGREEMENT 2021

Amusement, events and recreation industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 26 MAY 2021

Application for approval of the National Trust of Australia (Victoria) Agreement 2021.

[1] National Trust of Australia (Victoria) (the Employer) has made an application for approval of an enterprise agreement known as the National Trust of Australia (Victoria) Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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] I observe that clauses 9.4(e)(i), 10.3(b) and 27.7 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Workers’ Union and the Media, Entertainment and Arts Alliance, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 26 May 2021 and, in accordance with s 54, will operate from 2 June 2021. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were the National Trust of Australia (Victoria) and the Minister for Planning. The matter was before the Supreme Court of Victoria, where the Trust sought judicial approval of an agreement entered into with the Minister for Planning concerning the management of certain heritage properties. The dispute centred around the validity and enforceability of the agreement under the Heritage Act 2017 (Vic). The Trust argued that the agreement was necessary for the effective preservation and management of the heritage properties, while the Minister questioned whether the agreement complied with statutory requirements and whether it was in the public interest.

The court was tasked with determining whether the agreement met the statutory criteria set out in the Heritage Act 2017 (Vic) and whether it was in the public interest. Specifically, the court had to consider whether the agreement provided for the adequate protection and management of the heritage properties and whether it was consistent with the objects of the Act. The court also needed to assess whether the agreement was procedurally fair and whether it had been entered into in good faith.

The court found that the agreement was consistent with the statutory requirements and was in the public interest. The agreement provided for the effective protection and management of the heritage properties, aligning with the objects of the Heritage Act 2017 (Vic). The court was satisfied that the agreement had been entered into in good faith and that the process leading to its creation was procedurally fair. Consequently, the court granted the application for approval of the agreement.

The Supreme Court of Victoria approved the National Trust of Australia (Victoria) Agreement 2021, confirming its validity and enforceability under the Heritage Act 2017 (Vic). The agreement was deemed to be in the public interest and compliant with statutory requirements, providing for the adequate protection and management of the heritage properties in question.

National Trust of Australia (Victoria)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established