Victorian Arts Centre Trust

[2012] FWA 5789

[2012] FWA 5789

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.318 - Application for an order relating to instruments covering new employer and transferring employees in agreements

Victorian Arts Centre Trust
(AG2012/9536)

Arts Administration

COMMISSIONER JONES MELBOURNE, 9 JULY 2012

Application for Orders Relating to Instruments Covering New Employer and Transferring Employees.

[1] An application was made under section 318 of the Fair Work Act 2009 (the Act). The application was made by the Victorian Arts Centre Trust (Arts Centre).

[2] A statement made by the solicitors for the Arts Centre set out the background to this matter; namely that as from 1 July 2012, the provision of catering and hospitality services of the Centre will be provided by employees of the Arts Centre, rather than by a contractor. Transferring and new employees will commence working at the Arts Centre during July 2012. Transferring employees, prior to joining the Centre, are covered by the LHMU and Spotless Hospitality Services (Victoria) Enterprise Agreement 2005 - 2011. New employees who are front of house staff will be covered by the Victorian Arts Centre Trust Enterprise Development Agreement 2008 (Centre Agreement). Both agreements are transferrable instruments within the meaning of Schedule 3, Item 2(3)(a) of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. The Centre Agreement does not, however, contain classifications covering the work performed by front of house staff. A new proposed agreement replacing the Centre Agreement is being negotiated and anticipated to be finalised in the near future. This new agreement will include classifications covering the work of back of house and front of house staff.

[3] United Voice, which covers relevant employees of the Arts Centre does not oppose the application.

[4] The matter was listed for Ehearing before Fair Work Australia on 9 July 2012.

[5] I have reviewed the application and the accompanying material including the agreements in question. I am satisfied that the provisions of paragraphs (a) to (g) of subsection 318(3) of the Act have been met. Consequently the application is granted and the Order in the terms sought will be issued accordingly.

COMMISSIONER

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