DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Development Victoria
(AG2019/4006)

DEVELOPMENT VICTORIA ENTERPRISE AGREEMENT 2019

Real estate industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 NOVEMBER 2019

Application for approval of the Development Victoria Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Development Victoria Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Development Victoria. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 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) 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 20 November 2019. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Development Victoria, the applicants sought approval of the Development Victoria Enterprise Agreement 2019. The respondents contested the application, raising concerns about the terms of the agreement. The matter was heard in the Fair Work Commission. The primary legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirements for good faith bargaining and the protection of employees' rights.

The Commission carefully considered the arguments presented by both parties. It examined the bargaining process, the terms of the proposed agreement, and whether the agreement met the statutory requirements. The Commission assessed whether the agreement provided fair and reasonable terms for employees and whether it was the product of genuine and meaningful negotiations. After thorough analysis, the Commission concluded that the agreement was compliant with the statutory requirements and was the result of good faith bargaining. Consequently, the Commission approved the Development Victoria Enterprise Agreement 2019.

The court's decision was based on its findings that the agreement provided fair and reasonable terms for employees and that it was negotiated in good faith. The Commission was satisfied that the process adhered to the legal requirements and that the terms of the agreement were reasonable in the circumstances. The Commission's approval of the agreement ensures that it will be binding on the parties and will govern the employment conditions of the employees within the specified period.

Development Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established