DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Salamanca Arts Centre
(AG2018/5089)

SALAMANCA ARTS CENTRE ENTERPRISE AGREEMENT (2018-2022)

Live performance industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 7 FEBRUARY 2019

Application for approval of the Salamanca Arts Centre Enterprise Agreement (2018-2022).

[1] An application has been made for approval of an enterprise agreement known as the Salamanca Arts Centre Enterprise Agreement (2018-2022) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Salamanca Arts Centre. The Agreement is a single enterprise agreement.

[2] 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.

[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 Agreement was approved on 7 February 2019 and, in accordance with s.54, will operate from 14 February 2019. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Salamanca Arts Centre Enterprise Agreement (2018-2022). The parties to the agreement were the Salamanca Arts Centre, acting as the employer, and various employees who were members of the relevant employee organisation. The dispute centred on the terms and conditions of employment as outlined in the proposed enterprise agreement, with specific focus on whether the agreement met the requirements of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement was in the public interest and met the necessary procedural and substantive criteria for approval.

The legal issues before the Commission included whether the agreement had been fairly negotiated, whether it met the procedural requirements for registration, and whether it contained terms that were in the public interest. The Commission had to consider the nature of the bargaining process, the extent of employee consultation, and whether the agreement provided for a fair and reasonable balance of rights and obligations between the employer and employees. Additionally, the Commission examined the specific terms of the agreement, including those relating to wages, hours of work, and other employment conditions, to determine if they complied with the relevant legislative standards.

The Commission found that the agreement had been fairly negotiated and that the procedural requirements for registration had been met. It was satisfied that the employees had been adequately consulted during the bargaining process and that the terms of the agreement were fair and reasonable. The Commission also determined that the agreement contained terms that were in the public interest, including provisions that protected employees' rights and provided for a fair and equitable workplace. Given these findings, the Commission approved the application for the registration of the Salamanca Arts Centre Enterprise Agreement (2018-2022).

In conclusion, the Fair Work Commission approved the application for the registration of the Salamanca Arts Centre Enterprise Agreement (2018-2022). The Commission found that the agreement was fairly negotiated, met the necessary procedural requirements, and contained terms that were in the public interest. This decision ensures that the employees of the Salamanca Arts Centre will benefit from the terms and conditions outlined in the approved enterprise agreement.

Salamanca Arts Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established