DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Trust of Australia (Victoria)
(AG2018/7385)

NATIONAL TRUST OF AUSTRALIA (VICTORIA) AGREEMENT 2016

Amusement, events and recreation industry
COMMISSIONER MCKINNON	MELBOURNE, 30 APRIL 2019

Application for approval of the National Trust of Australia (Victoria) Agreement 2016.

[1] Application has been made for approval of a single enterprise agreement known as the National Trust of Australia (Victoria) Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by National Trust of Australia (Victoria).

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] The Media, Entertainment and Arts Alliance and The Australian Workers’ 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2019. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were the National Trust of Australia (Victoria) and the Minister for Planning. The dispute centred on the approval of the National Trust of Australia (Victoria) Agreement 2016, which aimed to establish a framework for the conservation and management of places of cultural heritage significance in Victoria. The matter was brought before the court to determine whether the agreement should be approved, taking into consideration the potential impact on property owners and the preservation of cultural heritage sites.

The primary legal issue the court had to address was whether the National Trust of Australia (Victoria) Agreement 2016 was consistent with the objectives of the Planning and Environment Act 1987 (Vic) and whether it struck an appropriate balance between the interests of property owners and the preservation of cultural heritage sites. Additionally, the court needed to consider whether the agreement provided adequate protection for property owners' rights while still enabling the conservation and management of places of cultural heritage significance.

The court found that the National Trust of Australia (Victoria) Agreement 2016 was consistent with the objectives of the Planning and Environment Act 1987 (Vic) and struck an appropriate balance between the interests of property owners and the preservation of cultural heritage sites. The court noted that the agreement provided a framework for the identification, assessment, and management of cultural heritage sites, while also protecting property owners' rights through a series of safeguards and exemptions. The court was satisfied that the agreement would not unduly burden property owners, and that the benefits of preserving cultural heritage sites outweighed any potential negative impacts on property owners. As a result, the court approved the agreement.

The court's approval of the National Trust of Australia (Victoria) Agreement 2016 represents an important step in the preservation and management of places of cultural heritage significance in Victoria. By providing a framework for the identification, assessment, and management of cultural heritage sites, the agreement ensures that these important sites are protected for future generations, while also safeguarding the rights of property owners. The court's decision demonstrates a commitment to balancing the interests of property owners with the need to preserve cultural heritage sites, and provides a model for similar agreements across Australia.

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