DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Department of Parliamentary Services, Department of the Legislative Assembly, Department of the Legislative Council, Parliamentary Budget Office T/A Parliament Victoria
(AG2021/4692)

PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF - VICTORIA) SINGLE ENTERPRISE AGREEMENT 2020

State and Territory government administration
DEPUTY PRESIDENT YOUNG	MELBOURNE, 4 MAY 2021

Application for approval of the Parliamentary Officers’ (Non-Executive Staff - Victoria) Single Enterprise Agreement 2020.

[1] The Department of Parliamentary Services, Department of the Legislative Assembly, Department of the Legislative Council, Parliamentary Budget Office T/A Parliament Victoria (the Employer) has made an application for approval of an enterprise agreement known as the Parliamentary Officers’ (Non-Executive Staff - Victoria) Single Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[1] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[2] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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.

[3] The Community and Public Sector Union (SPSF Group), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 4 May 2021 and, in accordance with s 54, will operate from 11 May 2021. The nominal expiry date of the Agreement is 20 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Department of Parliamentary Services, Department of the Legislative Assembly, Department of the Legislative Council, and Parliamentary Budget Office, trading as Parliament Victoria, applied for approval of the Parliamentary Officers’ (Non-Executive Staff - Victoria) Single Enterprise Agreement 2020. The dispute was heard in the Fair Work Commission. The primary legal issues before the Commission were whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009 and whether it complied with the specific provisions for non-executive staff in Parliament Victoria.

The Commission examined the application in light of the statutory framework governing enterprise agreements. It considered whether the agreement had been fairly negotiated, the adequacy of the agreement’s terms and conditions, and whether it complied with the provisions concerning minimum entitlements and safety net protections. The Commission also assessed whether the agreement met the requirements for coverage, including whether the terms were clear and comprehensible to the employees. After a thorough analysis, the Commission determined that the agreement was fairly negotiated and met all the statutory requirements. The agreement provided for appropriate minimum entitlements and adhered to the relevant safety net provisions.

In its decision, the Commission approved the Parliamentary Officers’ (Non-Executive Staff - Victoria) Single Enterprise Agreement 2020, finding it to be a lawful and fair agreement. The Commission's approval ensures that the agreement will now form the basis for the employment terms and conditions of the non-executive staff within Parliament Victoria.

Department of Parliamentary Services, Department of the Legislative Assembly, Department of the Legislative Council, Parliamentary Budget Office T/A Parliament Victoria

DECISION

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Legal Principle Established