DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Council of Trustees of the National Gallery of Victoria T/A National Gallery of Victoria
(AG2016/7465)

THE COUNCIL OF TRUSTEES OF THE NATIONAL GALLERY OF VICTORIA ENTERPRISE AGREEMENT 2016 - 2019

Amusement, events and recreation industry
COMMISSIONER GREGORY	MELBOURNE, 13 JANUARY 2017

Application for approval of The Council of Trustees of the National Gallery of Victoria Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as The Council of Trustees of the National Gallery of Victoria Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Council of Trustees of the National Gallery of Victoria T/A National Gallery of Victoria. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Community and Public Sector 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

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CaseChat Overview and Summary

The Council of Trustees of the National Gallery of Victoria, trading as the National Gallery of Victoria, applied to the Fair Work Commission for the approval of its 2016-2019 Enterprise Agreement. The application was made in accordance with the Fair Work Act 2009. The nature of the dispute was the validity and approval of the terms of the enterprise agreement, which was to govern the employment conditions of the National Gallery of Victoria's staff.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including compliance with the “better off overall test” and whether the agreement was fairly negotiated. The Commission had to assess whether the terms of the agreement provided employees with a fair and reasonable benefit overall, compared to their previous conditions, and whether the process of negotiation was fair and in line with the Act's provisions. Additionally, the Commission needed to consider if the agreement complied with all relevant provisions of the Act and the Fair Work Regulations.

The Commission found that the agreement was appropriately negotiated and met the better off overall test. It determined that the agreement provided employees with a fair and reasonable benefit overall and that the negotiation process was fair. The Commission also found that the agreement complied with all relevant provisions of the Fair Work Act and the Fair Work Regulations. Consequently, the Commission approved the National Gallery of Victoria Enterprise Agreement 2016-2019, effective from 1 March 2016 until 31 December 2019. The approval ensures that the terms of the agreement will govern the employment conditions of the National Gallery of Victoria's staff for the specified period.

The Council of Trustees of the National Gallery of Victoria T/A National Gallery of Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established