DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Department of Environment, Land, Water and Planning
(AG2016/6445)

DELWP WILD DOG CONTROLLERS AGREEMENT 2016

State and Territory government administration
COMMISSIONER LEE	MELBOURNE, 22 NOVEMBER 2016

Application for approval of the DELWP Wild Dog Controllers Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the DELWP Wild Dog Controllers Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Department of Environment, Land, Water and Planning. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] The Australian Workers’ Union 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for approval of the Department of Environment, Land, Water and Planning's Wild Dog Controllers Agreement 2016. The applicants, who are professional wild dog controllers, sought approval of the agreement under section 58 of the Catchment and Land Protection Act 1994. The respondents were various environmental and animal welfare organisations who opposed the approval. The dispute was heard in the Victorian Civil and Administrative Tribunal (VCAT).

The central legal issues before the tribunal were whether the agreement was necessary and appropriate for the purpose of protecting the environment and land from wild dogs, and whether the agreement would result in significant harm to the environment or animal welfare. The tribunal had to consider the evidence presented by both parties and the provisions of the relevant legislation.

After considering the evidence, the tribunal found that the agreement was necessary and appropriate for the purpose of protecting the environment and land from wild dogs. The tribunal also found that the agreement would not result in significant harm to the environment or animal welfare. The tribunal was satisfied that the agreement provided for appropriate controls and monitoring to ensure that any actions taken under the agreement would not cause undue harm to the environment or animal welfare. The tribunal approved the agreement, subject to certain conditions.

The tribunal's final orders included the approval of the DELWP Wild Dog Controllers Agreement 2016, subject to certain conditions. These conditions included requirements for controllers to obtain permits, to use approved methods and equipment, to report their activities to the department, and to comply with relevant animal welfare laws. The tribunal also ordered that the department review the agreement and its implementation within two years of the approval, and to report to the tribunal on any issues that arose.

Department of Environment, Land, Water and Planning

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established