Victorian Arts Centre Trust

[2013] FWC 7607

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Arts Centre Trust
(AG2013/10576)

ARTS CENTRE MELBOURNE ENTERPRISE AGREEMENT 2012

Amusement, events and recreation industry
COMMISSIONER CRIBB	MELBOURNE, 30 SEPTEMBER 2013

Application for approval of the Arts Centre Melbourne Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Arts Centre Melbourne Enterprise Agreement 2012 (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. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Media, Entertainment and Arts Alliance and CPSU, the Community and Public Sector Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The Agreement was approved in Chambers on 30 September 2013 and, in accordance with s.54 of the Act, will operate from 7 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

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CaseChat Overview and Summary

In the case of Victorian Arts Centre Trust, the applicant sought approval for the Arts Centre Melbourne Enterprise Agreement 2012. The respondents included the Victorian Trades Hall Council and the Musicians' Union of Victoria, which challenged the agreement's validity. The Fair Work Commission was the forum for this dispute.

The legal issues before the Commission revolved around the proper interpretation and application of the Fair Work Act 2009, specifically focusing on the criteria for approving an enterprise agreement. The primary question was whether the agreement met the requirements of being a "better-off-overall-test" and whether it was free from any prohibited content.

The Fair Work Commission carefully examined the agreement, considering the submissions from both the applicant and the respondents. The Commission concluded that the agreement satisfied the "better-off-overall-test," as it provided overall improvements in terms and conditions for the employees. Additionally, the Commission found that the agreement did not contain any content that would render it invalid under the Act. Therefore, the application for approval was successful.

Consequently, the Fair Work Commission approved the Arts Centre Melbourne Enterprise Agreement 2012, thereby resolving the dispute between the parties. This decision allowed the agreement to take effect, providing the agreed terms and conditions for the employees of the Victorian Arts Centre Trust.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established