DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Environment Victoria Inc t/a Environment Victoria
(AG2016/3717)

ENVIRONMENT VICTORIA INC ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 23 AUGUST 2016

Application for approval of the Environment Victoria Inc Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Environment Victoria Inc Enterprise 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 Environment Victoria Inc t/a Environment Victoria.The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Environment Victoria Inc, trading as Environment Victoria, applied to the Fair Work Commission for approval of the Environment Victoria Inc Enterprise Agreement 2016. The Fair Work Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement complied with the provisions relating to the protection of employees' rights and interests, and whether it provided for fair and reasonable terms and conditions of employment.

The Commission considered various aspects of the agreement, including the definition of employees, the scope of the agreement, and the provisions regarding wages, hours of work, and other employment conditions. It examined whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the Fair Work Act's requirements for employee protection. The Commission also considered submissions from both the applicant and the relevant respondents.

After carefully reviewing the agreement and the submissions, the Commission determined that the Environment Victoria Inc Enterprise Agreement 2016 met the necessary requirements under the Fair Work Act. The agreement was found to provide for fair and reasonable terms and conditions of employment, and it adequately protected the rights and interests of employees. Therefore, the Commission approved the agreement, subject to the conditions outlined in the decision.

The Fair Work Commission approved the Environment Victoria Inc Enterprise Agreement 2016, subject to the conditions outlined in the decision. This decision provided clarity and certainty for both the applicant and the employees covered by the agreement, ensuring that their rights and interests were protected under the Fair Work Act.

Environment Victoria Inc t/a Environment Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established