DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The National Film and Sound Archive of Australia
(AG2017/3137)

THE NATIONAL FILM AND SOUND ARCHIVE OF AUSTRALIA ENTERPRISE AGREEMENT 2017 TO 2020

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 14 SEPTEMBER 2017

Application for approval of the National Film and Sound Archive of Australia Enterprise Agreement 2017 to 2020.

[1] An application has been made for approval of an enterprise agreement known as the National Film and Sound Archive of Australia Enterprise Agreement 2017 to 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 National Film and Sound Archive of Australia. The Agreement is a single enterprise agreement.

[2] 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.

[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, and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 September 2017. The nominal expiry date of the Agreement is 21 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The National Film and Sound Archive of Australia brought an application for the approval of the National Film and Sound Archive of Australia Enterprise Agreement 2017 to 2020. The application was heard in the Fair Work Commission, the body responsible for regulating enterprise agreements in Australia. The dispute centred around whether the proposed enterprise agreement complied with the Fair Work Act 2009 and whether it met the criteria for approval by the Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act. This involved assessing whether the agreement was certified as "bargained for" by an independent bargaining representative, whether it complied with the "better off overall test" and whether it included the minimum terms and conditions as prescribed by the Act. The Commission also had to consider whether the agreement was in the public interest and whether it appropriately addressed the needs of the employees.

The Commission found that the agreement had been appropriately certified and met the better off overall test. It also determined that the agreement complied with all statutory minimum terms and conditions and was in the public interest. The Commission was satisfied that the agreement appropriately addressed the needs of the employees and provided for a fair and reasonable outcome for all parties. As such, the application was approved and the enterprise agreement was registered.

The Fair Work Commission approved the National Film and Sound Archive of Australia Enterprise Agreement 2017 to 2020, finding it met all statutory requirements and was in the public interest. The agreement was registered and is now in effect.

The National Film and Sound Archive of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established