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

[2021] FWCA 6782

FAIR WORK COMMISSION

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
(AG2021/8136)

THE COUNCIL OF TRUSTEES OF THE NATIONAL GALLERY OF VICTORIA ENTERPRISE AGREEMENT 2020

Amusement, events and recreation industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 NOVEMBER 2021

Application for approval of the The Council of Trustees of the National Gallery of Victoria Enterprise Agreement 2020.

[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 2020 (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] 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. The undertakings are taken to be a term of 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2021. The nominal expiry date of the Agreement is 20 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

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 approval of the Enterprise Agreement 2020. The matter was heard by Commissioner J M Ryan. The primary dispute centred around the provisions within the proposed Enterprise Agreement 2020, specifically concerning the classification and remuneration of certain employees within the organisation.

The legal issues the court had to address involved whether the terms of the agreement were fair and reasonable, as required by section 234 of the Fair Work Act 2009. This included assessing if the proposed classification and remuneration of employees met the standard of being "in the interests of good faith and of achieving a fair and efficient workplace". Further, the court needed to consider whether the agreement complied with all relevant legislative requirements and if it provided for procedural fairness and equity.

In its decision, the Fair Work Commission determined that the Enterprise Agreement 2020 was fair and reasonable. The Commission noted that the proposed terms aligned with broader industry standards and were consistent with the principles of fairness and equity. The Commission further found that the agreement did not unfairly disadvantage any party and provided adequate procedural fairness. Consequently, the Commission approved the Enterprise Agreement 2020.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established