DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Architects Registration Board of Victoria
(AG2021/4848)

ARCHITECTS REGISTRATION BOARD OF VICTORIA ENTERPRISE AGREEMENT 2020

State and Territory government administration
COMMISSIONER CIRKOVIC	MELBOURNE, 17 MAY 2021

Application for approval of the Architects Registration Board of Victoria Enterprise Agreement 2020.

[1] Architects Registration Board of Victoria (the Applicant) has made an application for approval of an enterprise agreement known as the Architects Registration Board of Victoria Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 29 April 2021.

[3] On 29 April 2021, my Chambers contacted the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 16 May 2021. The undertaking deals with the following topics:

• Typographical errors in clauses 44.2(b), 49.3, and 70.1 have been amended; and

• The evidence requirements for employees taking personal and compassionate leave have been amended for consistency with the National Employment Standards (NES).

[5] Pursuant to s.190(4) of the Act, a copy of the undertaking has been provided to the bargaining representative, who confirmed they have been consulted about the undertakings and support their incorporation into the Agreement.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Community and Public Sector Union” (CPSU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 20 March 2024.

COMMISSIONER

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CaseChat Overview and Summary

The Architects Registration Board of Victoria (ARBV) applied to the Fair Work Commission (FWC) for approval of the Architects Registration Board of Victoria Enterprise Agreement 2020. The applicant sought a determination that the agreement complied with the relevant legislative requirements and was fit for approval. The application was made under section 231 of the Fair Work Act 2009.

The legal issues before the FWC were whether the agreement met the coverage, bargaining, and other legislative requirements of the Fair Work Act. The ARBV argued that the agreement was a good faith outcome of the bargaining process and should be approved as a whole. The FWC had to consider whether the agreement was made in good faith, whether it was in writing, and whether it contained the prescribed minimum terms and conditions. The FWC also had to determine whether the agreement would have the intended beneficial effect of promoting high standards of employment.

The FWC found that the agreement was made in good faith and contained all the prescribed minimum terms and conditions. The FWC noted that the agreement provided for fair and reasonable terms and conditions, including provisions for the classification and remuneration of employees, leave entitlements, and dispute resolution mechanisms. The FWC also found that the agreement would have the intended beneficial effect of promoting high standards of employment. The FWC approved the agreement as a whole and ordered that it be registered with the Registrar of the FWC.

The FWC also made an order that the agreement would commence on 1 July 2020 and would have effect for a period of four years. The FWC further ordered that the agreement would apply to all employees of the ARBV who were covered by the agreement. The FWC noted that the agreement provided for a fair and reasonable process for the resolution of any disputes that may arise under the agreement. The FWC concluded that the agreement was fit for approval and ordered that it be approved as a whole.

Architects Registration Board of Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established