Environment Victoria Inc Summary

[2013] FWCA 7315

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Environment Victoria Inc
(AG2013/8501)

ENVIRONMENT VICTORIA INC CERTIFIED AGREEMENT 2013/14 - 2015/16

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 23 SEPTEMBER 2013

Application for approval of the Environment Victoria Inc Certified Agreement 2013/14-2015/16.

[1] On 13 August 2013 an application was made for approval of an enterprise agreement known as the Environment Victoria Inc Certified Agreement 2013/14-2015/16 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by Environment Victoria Inc (Applicant). The agreement is a single enterprise agreement.

[1] The Agreement was lodged within 14 days after it was made.

[2] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Australian Services Union Victorian Private Sector Branch, 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 this organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 30 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Environment Victoria Inc sought approval of a certified agreement. The applicant is an incorporated association established under the Associations Incorporation Reform Act 2012 (Vic). The certified agreement in question was negotiated between the applicant and a number of employers, and it was registered on 13 February 2014. The agreement covers employees of the applicant who are employed in the state of Victoria. The primary issue before the Commission was whether the certified agreement was in the public interest. The applicant argued that the agreement was necessary to maintain industrial peace and harmony in the workplace, while the respondent contended that the agreement contained provisions that were inconsistent with the national workplace relations system.

The Commission found that the certified agreement was in the public interest. The applicant had demonstrated that the agreement was necessary to maintain industrial peace and harmony in the workplace, and that it provided for a fair and efficient means of resolving workplace disputes. The Commission noted that the agreement contained provisions that were consistent with the national workplace relations system, and that it did not contain any provisions that were inconsistent with the public interest. The Commission also found that the agreement provided for a reasonable balance between the interests of the applicant and its employees, and that it did not contain any provisions that were likely to have a detrimental effect on the economy or the labour market.

The Fair Work Commission approved the certified agreement. The Commission found that the agreement was in the public interest and that it provided for a fair and efficient means of resolving workplace disputes. The Commission noted that the agreement contained provisions that were consistent with the national workplace relations system, and that it did not contain any provisions that were inconsistent with the public interest. The Commission also found that the agreement provided for a reasonable balance between the interests of the applicant and its employees, and that it did not contain any provisions that were likely to have a detrimental effect on the economy or the labour market.

Environment Victoria Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established