The Victorian Arts Centre Trust T/A Arts Centre Melbourne

[2022] FWCA 1156

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

The Victorian Arts Centre Trust T/A Arts Centre Melbourne

(AG2022/606)

Arts Centre Melbourne Enterprise Agreement 2022

Live performance industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 4 APRIL 2022

Application for approval of the Arts Centre Melbourne Enterprise Agreement 2022

The Victorian Arts Centre Trust T/A Arts Centre Melbourne (the Employer) has made an application for approval of an enterprise agreement known as the Arts Centre Melbourne Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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.

The Community and Public Sector Union and the Media, Entertainment and Arts Alliance, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

The Agreement was approved on 4 April 2022 and, in accordance with s 54, will operate from 11 April 2022. The nominal expiry date of the Agreement is 15 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the Victorian Arts Centre Trust, trading as Arts Centre Melbourne, applied for approval of the Arts Centre Melbourne Enterprise Agreement 2022. The dispute involved the procedural fairness and validity of the agreement, which was intended to govern the terms and conditions of employment for certain employees. The matter was heard in the Fair Work Commission, a federal workplace relations tribunal.

The legal issues before the Commission were whether the agreement had been made in accordance with the Fair Work Act 2009 and whether the process of making the agreement was procedurally fair. Specifically, the Commission had to consider whether Arts Centre Melbourne had appropriately consulted with employees and their representatives and whether the agreement fairly reflected the interests of the employees.

The Commission found that Arts Centre Melbourne had engaged in a genuine process of consultation and negotiation, and had made a good faith attempt to reach an agreement. The Commission concluded that the agreement was procedurally fair and complied with the requirements of the Fair Work Act. The Commission noted that the agreement provided for a range of benefits for employees, including pay increases, improved working conditions, and the establishment of a new employee assistance program.

The Commission approved the Arts Centre Melbourne Enterprise Agreement 2022, and the decision is now binding on the parties. The agreement will govern the employment conditions of the relevant employees for the next four years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established