| [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
- AGLC
- The Trustee For The Geelong Performing Arts Centre Trust T/A Geelong Arts Centre [2022] FWCA 2317
- Case
- [2022] FWCA 2317
- Decision Date
CaseChat Overview and Summary
The primary legal issues the FWC had to decide related to whether the terms and conditions outlined in the proposed agreement complied with the Fair Work Act 2009, particularly with respect to minimum entitlements, procedural fairness, and the overall fairness of the agreement. The FWC also had to determine whether the agreement met the requirements for being made under a single-enterprise agreement or if it should be considered a multi-enterprise agreement due to the involvement of the Trustee and its various operational entities.
The FWC found that the proposed agreement was procedurally fair, as it was negotiated in good faith and involved the relevant stakeholders. The FWC concluded that the terms and conditions of the agreement, including wages, leave entitlements, and other benefits, were fair and reasonable, taking into account the economic context and the needs of both the employees and the employer. The FWC approved the Geelong Arts Centre Enterprise Agreement 2021-2024, noting that the agreement provided a balanced outcome for both parties and met the requirements of the Fair Work Act. The FWC's approval was effective from 1 January 2021 and would remain in force until 31 December 2024, unless otherwise terminated or varied by the parties or the FWC.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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