DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Performing Arts Centre Enterprise Agreement 2015
(AG2015/6572)

QUEENSLAND PERFORMING ARTS CENTRE ENTERPRISE AGREEMENT 2015

Live performance industry
COMMISSIONER SIMPSON	BRISBANE, 20 NOVEMBER 2015

Application for approval of the Queensland Performing Arts Centre Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Performing Arts Centre Enterprise Agreement 2015 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland Performing Arts Centre Enterprise Agreement 2015. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Media, Entertainment & Arts Alliance, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

In the case before the Fair Work Commission, the Queensland Performing Arts Centre (QPAC) sought approval for its Enterprise Agreement 2015. The agreement was a proposed collective agreement between QPAC and the relevant employee unions. The dispute centred around the terms and conditions of employment for the employees of QPAC, including wages, working hours, leave entitlements, and other employment-related matters.

The legal issues before the Commission involved whether the proposed agreement provided for the employees' terms and conditions of employment in a fair and reasonable manner, in accordance with the relevant provisions of the Fair Work Act 2009. The Commission needed to consider whether the agreement met the "better off overall test" and whether it complied with the good faith bargaining requirements. Furthermore, the Commission had to determine if the agreement contained provisions that were contrary to public policy or contrary to the principles of the Fair Work Act.

The Commission found that the proposed agreement met the requirements of the Fair Work Act. It determined that the agreement provided for the employees' terms and conditions of employment in a fair and reasonable manner and that it complied with the "better off overall test." The Commission also found that the agreement was the result of good faith bargaining and did not contain any provisions that were contrary to public policy or the principles of the Fair Work Act. Accordingly, the Commission approved the Queensland Performing Arts Centre Enterprise Agreement 2015.

As a result of the Commission's decision, the Queensland Performing Arts Centre Enterprise Agreement 2015 was approved and became a legally binding enterprise agreement between QPAC and the relevant employee unions. The agreement provided for the terms and conditions of employment for the employees of QPAC, including wages, working hours, leave entitlements, and other employment-related matters. The approval of the agreement ensured that the employees of QPAC had a fair and reasonable agreement that provided for their employment terms and conditions.

Queensland Performing Arts Centre Enterprise Agreement 2015

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established