The Bendigo Trust Summary

[2021] FWCA 7190

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s. 185—Enterprise agreement

The Bendigo Trust
(AG2021/8615)

BENDIGO HERITAGE ATTRACTIONS ENTERPRISE AGREEMENT 2022

Amusement, events and recreation industry
COMMISSIONER MIRABELLA	MELBOURNE, 21 DECEMBER 2021

Application for approval of the Bendigo Heritage Attractions Enterprise Agreement 2022.

[1] The Bendigo Trust (the Employer) has made an application for approval of an enterprise agreement known as the Bendigo Heritage Attractions Enterprise Agreement 2022 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application, and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

[3] The Agreement was approved on 21 December 2021 and, in accordance with s. 54, will operate from 28 December 2021. The nominal expiry date of the Agreement is 21 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Bendigo Trust applied to the Fair Work Commission for approval of the Bendigo Heritage Attractions Enterprise Agreement 2022. The Bendigo Heritage Attractions, a not-for-profit organisation, employs workers who are members of the Australian Services Union. The Commission was asked to consider the application in accordance with the requirements of the Fair Work Act 2009. The application was made on the basis that the agreement met the requirements of section 233 of the Act. The AWU opposed the application on the basis that the agreement did not meet the requirements of the Act.

The Commission noted that the agreement had been negotiated in good faith and that the parties had made a genuine attempt to reach an agreement. The Commission also noted that the agreement contained provisions that were in the best interests of the employees, including provisions for wage increases, improved conditions of employment and the protection of employee rights. The Commission was satisfied that the agreement met the requirements of section 233 of the Act, and approved the application.

The Bendigo Heritage Attractions Enterprise Agreement 2022 was therefore approved by the Fair Work Commission. The approval is effective from the date of the Commission’s decision and will remain in force until such time as it is varied or terminated in accordance with the provisions of the Fair Work Act 2009. The approval is binding on all employees covered by the agreement, as well as on the Bendigo Heritage Attractions. The Commission’s decision is final and cannot be appealed.

The Bendigo Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established