The Trustee For The Geelong Performing Arts Centre Trust T/A Geelong Arts Centre
[2022] FWCA 2317
•15 JULY 2022
| [2022] FWCA 2317 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Trustee For The Geelong Performing Arts Centre Trust T/A Geelong Arts Centre
(AG2022/1789)
The Geelong Arts Centre Enterprise Agreement 2021-2024
| Live performance industry | |
| COMMISSIONER YILMAZ | MELBOURNE, 15 JULY 2022 |
Application for approval of The Geelong Arts Centre Enterprise Agreement 2021 – 2024
An application has been made for approval of an enterprise agreement known as the Geelong Arts Centre Enterprise Agreement 2021 – 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee For The Geelong Performing Arts Centre Trust T/A Geelong Arts Centre. The Agreement is a single enterprise agreement.
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.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Media Entertainment Arts Alliance 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, will operate from 22 July 2022. The nominal expiry date of the Agreement is 30 June 2024.
COMMISSIONER
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Annexure A
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