The Bendigo Trust T/A Bendigo Heritage Attractions

[2018] FWCA 1898

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

The Bendigo Trust T/A Bendigo Heritage Attractions

(AG2017/5152)

Bendigo Heritage Attractions Enterprise Agreement 2017

Amusement, events and recreation industry
Commissioner Johns	SYDNEY, 29 MARCH 2018

Application for approval of the Bendigo Heritage Attractions Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Bendigo Heritage Attractions Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Bendigo Trust T/A Bendigo Heritage Attractions. The Agreement is a single enterprise agreement.

The Applicant 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.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Rail Tram and Bus Industry Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2018. The nominal expiry date of the Agreement is 28 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Bendigo Trust T/A Bendigo Heritage Attractions brought an application before the Fair Work Commission seeking approval of the Bendigo Heritage Attractions Enterprise Agreement 2017. The Trust argued that the agreement, which was the result of negotiations between it and the relevant unions, should be approved as it was in the interests of the employees and the business. The unions supported the application, while the Australian Education Union opposed it, arguing that it did not adequately protect the rights and interests of the employees. The legal issues before the Commission were whether the agreement was genuinely negotiated, contained the necessary minimum terms and conditions, and was in the best interests of the employees.

The Commission considered the evidence and submissions from all parties. It found that the agreement had been genuinely negotiated and contained all the required minimum terms and conditions. The Commission also considered the evidence of the impact of the agreement on the employees and the business. It found that the agreement was in the best interests of the employees, as it provided them with fair and reasonable terms and conditions of employment, and would support the ongoing viability of the business. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for all parties and approved the application.

The Fair Work Commission approved the Bendigo Heritage Attractions Enterprise Agreement 2017, finding that it was genuinely negotiated, contained all the required minimum terms and conditions, and was in the best interests of the employees. The Commission noted that the agreement provided for a fair and reasonable outcome for all parties and would support the ongoing viability of the business. The Commission's decision provides guidance for future negotiations and agreements in the heritage attractions industry and demonstrates the importance of genuinely negotiated agreements that balance the interests of both employers and employees. The Bendigo Heritage Attractions Enterprise Agreement 2017 will now provide the framework for the employment conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established