Victorian Arts Centre Trust

[2013] FWCA 7961

The attached document replaces the document previously issued with the code [2013] FWC 7607 on 30 September 2013.

The decision has been given a new MNC code and print number.

Matthew Jordon

Acting Associate to Commissioner Cribb

Dated 10 October 2013

[2013] FWCA 7961

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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Victorian Arts Centre Trust to approve the Arts Centre Melbourne Enterprise Agreement 2012. The Trust sought approval under section 231 of the Fair Work Act 2009, arguing that the agreement contained terms that were necessary to avoid industrial action. The legal issues before the Commission included whether the agreement met the requirements of section 230 of the Act, specifically if it was in the best interests of the employees and if it avoided industrial action. Additionally, the Commission had to consider whether the agreement complied with the good faith bargaining provisions under section 228 of the Act.

The Commission found that the agreement contained terms which, if not agreed upon, would likely lead to industrial action. The Trust had demonstrated that the agreement was necessary to avoid such action, and that it was in the best interests of the employees. The Commission also determined that the Trust had engaged in good faith bargaining with the employees' representatives, fulfilling the requirements of section 228 of the Act. In light of these findings, the Commission approved the agreement under section 231 of the Act.

The Fair Work Commission approved the Arts Centre Melbourne Enterprise Agreement 2012, recognising it as necessary to avoid industrial action and in the best interests of the employees. The Commission's decision was based on the evidence presented by the Trust, which showed that the agreement contained terms that were essential to avert potential industrial action. Furthermore, the Commission found that the Trust had engaged in good faith bargaining with the employees' representatives, satisfying the requirements of the Act. The approval of the agreement ensures that the terms and conditions of employment for the employees are governed by a legally binding agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established