[2021] FWCA 1426
FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for the Geelong Performing Arts Centre Trust
(AG2021/3917)

GEELONG PERFORMING ARTS CENTRE ENTERPRISE AGREEMENT 2020

Live performance industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 MARCH 2021

Application for approval of the Geelong Performing Arts Centre Enterprise Agreement 2020.

[1] The Trustee for the Geelong Performing Arts Centre Trust has made an application for approval of an enterprise agreement known as the Geelong Performing Arts Centre Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The employer has provided written undertakings, a copy of which 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 they 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, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[3] The Media, Entertainment and 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 16 March 2021 and, in accordance with s 54, will operate from 23 March 2021. The nominal expiry date of the Agreement is 24 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Trustee for the Geelong Performing Arts Centre Trust applied to the Fair Work Commission for the approval of the Geelong Performing Arts Centre Enterprise Agreement 2020. The application was made under section 232 of the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the requirements for direct registration under the Fair Work Act, specifically whether it provided for the mandatory elements and if it was free from prohibited content.

The central legal issues for the Commission to determine were whether the agreement satisfied the mandatory elements set out in the Fair Work Act, and whether it contained any prohibited content that would render it ineligible for direct registration. The Commission examined the agreement's provisions to ensure it included all required terms and conditions of employment and assessed whether it adhered to the statutory provisions regarding prohibited content.

After careful consideration, the Commission found that the Geelong Performing Arts Centre Enterprise Agreement 2020 met all the necessary requirements for direct registration. It contained all the mandatory elements, provided for lawful terms and conditions of employment, and was free from any prohibited content. Consequently, the Commission approved the application and registered the agreement under section 173 of the Fair Work Act. This decision ensures that the agreement is legally binding and enforceable between the parties.

The Trustee for the Geelong Performing Arts Centre Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established