The Victorian Arts Centre Trust T/A Arts Centre Melbourne

[2018] FWCA 4941

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

The Victorian Arts Centre Trust T/A Arts Centre Melbourne

(AG2018/1402)

Arts Centre Melbourne Enterprise Agreement 2018

Amusement, events and recreation industry
Commissioner Lee	MELBOURNE, 24 August 2018

Application for approval of the Arts Centre Melbourne Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Arts Centre Melbourne Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Victorian Arts Centre Trust T/A Arts Centre Melbourne. 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.

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.

The CPSU, the Community and Public Sector Union and the Media, Entertainment and Arts Alliance being bargaining representatives for the Agreement, has 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Victorian Arts Centre Trust T/A Arts Centre Melbourne sought approval for the Arts Centre Melbourne Enterprise Agreement 2018, which aimed to regulate the terms and conditions of employment for certain employees within the organisation. The application was heard by the Fair Work Commission, which was tasked with determining whether the agreement should be certified as a registered agreement under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for registration, particularly focusing on whether the agreement contained all the mandatory terms prescribed by the Fair Work Act and whether it was free from any prohibited content. This involved assessing whether the agreement provided for appropriate minimum wages, penalty rates, leave entitlements, and other essential terms, while ensuring it did not include any provisions that contravened the spirit of the Act.

In evaluating the agreement, the Commission examined the provisions in detail to confirm that they aligned with the mandatory terms stipulated in the Fair Work Act. The Commission also ensured that the agreement did not contain any clauses that could be considered unfair or discriminatory. After a thorough review, the Commission determined that the agreement complied with all legislative requirements and was free from prohibited content. Consequently, the Commission approved the Arts Centre Melbourne Enterprise Agreement 2018 for registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established