National Trust of Australia (Victoria) T/A National Trust of Australia (Victoria)

[2024] FWCA 695

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

National Trust of Australia (Victoria) T/A National Trust of Australia (Victoria)

(AG2024/296)

NATIONAL TRUST OF AUSTRALIA (VICTORIA) AGREEMENT 2024

Industries not otherwise assigned
COMMISSIONER JOHNS	MELBOURNE, 22 FEBRUARY 2024

Application for approval of the National Trust of Australia (Victoria) Agreement 2024

An application has been made for approval of an enterprise agreement known as the National Trust of Australia (Victoria) Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Trust of Australia (Victoria) T/A National Trust of Australia (Victoria). The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 February 2024. The nominal expiry date of the Agreement is 30 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The National Trust of Australia (Victoria) applied to the Fair Work Commission for approval of the National Trust of Australia (Victoria) Agreement 2024. The application was made under section 234 of the Fair Work Act 2009, seeking the Commission's approval of the agreement which was intended to be a simple, certified agreement. The dispute centred on the appropriateness and fairness of the terms and conditions outlined in the proposed agreement.

The court was required to determine whether the agreement met the legislative criteria for approval. Specifically, it needed to assess whether the agreement provided for a fair and efficient workplace, if it complied with the relevant provisions of the Fair Work Act, and if the agreement was genuinely made by the parties without coercion or undue influence. The court also had to consider if the agreement was likely to facilitate improved productivity and industrial relations outcomes.

The Commission found that the agreement was fair and reasonable, meeting the requirements of the Act. It was noted that the agreement contained provisions that ensured a balanced approach to the rights and obligations of the parties, and that it was likely to contribute to better workplace relations and productivity. The Commission also accepted that the agreement had been genuinely negotiated and was not the product of any improper conduct. As a result, the Commission approved the agreement under section 235 of the Fair Work Act.

No further orders were made by the Commission, as the primary objective of approving the agreement had been achieved. The approval of the National Trust of Australia (Victoria) Agreement 2024 now allows the terms and conditions of the agreement to be applied to the relevant employees and employers, providing a stable and fair framework for their industrial relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established