City of Ballarat Art Gallery ASU members win at the Fair Work Commission!

02 July 2024

We are thrilled to announce a victory for employees of Ballarat City Council, specifically those working at the Ballarat Art Gallery, following an arbitration at the Fair Work Commission.

Recently the ASU filed a dispute on behalf of part-time and casual employees regarding weekend penalty rates. This dispute arose as the ASU and members believed that they should receive penalty rates on a Saturday under the Ballarat City Council Enterprise Agreement No 8 2019 (the Agreement).

Council disagreed, arguing their ambiguous agreement should deny workers their penalty rates. 

The key question for the Commission was to determine whether these employees were entitled to penalty rates when they are required to work Saturday shifts. Commissioner Tran’s decision clarified the following:
  • Part-time employees of the Art Gallery and Visitor Services/Experience Officers are entitled to a penalty rate of 1.5 times the ordinary rate for hours worked on Saturdays and Sundays.
  • Casual employees in these roles are entitled to the ordinary hourly rate plus a 25% loading for weekend shifts.
  • Overtime rates are applicable if employees work beyond their rostered weekend hours.
The ASU will engage with council to ensure all eligible employees receive their rightful entitlements without delay. For part-time staff we will be seeking appropriate back payments. This outcome highlights the importance of ASU membership and activism in upholding and protecting employee rights.

Shout out to ASU delegates Jordyn Smith and Jane Howe who led this campaign for penalty rate justice for art gallery workers!

The ASU is by your side. Talk to a co-worker about the importance of union membership and ask them to join the ASU at https://www.asuvictas.com.au/VICTAS/Join 

For further information please contact: 
ASU deputy branch secretary Zoe Edwards | [email protected]