Environment Victoria Inc T/A Environment Vic

[2022] FWCA 493

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Environment Victoria Inc T/A Environment Vic

(AG2021/9273)

Environment Victoria Inc Enterprise Agreement 2021

Social, community, home care and disability services
COMMISSIONER YILMAZ	MELBOURNE, 15 FEBRUARY 2022

Application for approval of the Environment Victoria Inc Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Environment Victoria Inc Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Environment Victoria Inc T/A Environment Vic. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen

The Australian Municipal, Administrative, Clerical and Services 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.

The Agreement is approved and in accordance with s.54, will operate from 22 February 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Environment Victoria Inc T/A Environment Vic was the applicant in an application to the Fair Work Commission for approval of the Environment Victoria Inc Enterprise Agreement 2021. The Fair Work Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement contained the minimum terms and conditions mandated by the Act, and whether it was made in good faith and without coercion. The Commission found that the agreement complied with all the necessary requirements. It contained the minimum entitlements, and had been made in good faith without any element of coercion. The application was thus approved.

The applicant, Environment Victoria Inc T/A Environment Vic, is an organisation engaged in environmental protection activities. The dispute centred on the approval of its enterprise agreement for the year 2021. The agreement was submitted to the Fair Work Commission for its assessment and approval. The Commission's role was to ensure that the agreement met all statutory requirements, including the provision of minimum terms and conditions and adherence to the principles of good faith bargaining. The decision hinged on whether these criteria were satisfied. The Commission's analysis involved a detailed examination of the agreement's provisions against the benchmarks set by the Fair Work Act 2009. The outcome of this scrutiny was pivotal in determining the validity and enforceability of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established