| [2022] FWCA 1327 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Great Ocean Road Coast And Parks Authority
(AG2022/798)
Great Ocean Road Coast and Parks Authority Enterprise Agreement 2021-2025
| State and Territory government administration | |
| DEPUTY PRESIDENT YOUNG | MELBOURNE, 14 APRIL 2022 |
Application for the approval of the Great Ocean Road Coast and Parks Authority Enterprise Agreement 2021-2025
Great Ocean Road Coast and Parks Authority (the Employer) has made an application for approval of an enterprise agreement known as the Great Ocean Road Coast and Parks Authority Enterprise Agreement 2021-2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
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.
Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, the additional information provided by the Employer and having heard from the parties, 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.
The Australian Workers’ Union and the Community and Public Sector Union, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers these organisations.
The Agreement was approved on 14 April 2022 and, in accordance with s 54, will operate from 21 April 2022. The nominal expiry date of the Agreement is 1 December 2025.
DEPUTY PRESIDENT
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Annexure A
- AGLC
- Great Ocean Road Coast And Parks Authority [2022] FWCA 1327
- Case
- [2022] FWCA 1327
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the agreement was properly negotiated, met the "better off overall test" (BOOT) and complied with the relevant industrial laws. The Commission had to examine the negotiation process, assess the agreement's provisions, and determine if it provided employees with a fair and reasonable outcome compared to their previous conditions. Additionally, the Commission considered if the agreement was made in good faith and met all the statutory requirements.
After thoroughly reviewing the evidence and submissions, the Commission found that the negotiation process was fair and in good faith. The agreement was deemed to meet the BOOT, providing employees with benefits that outweighed any detriments. The Commission also concluded that the agreement complied with all relevant industrial laws and regulations. Therefore, the application for approval of the Enterprise Agreement 2021-2025 was successful.
The Commission approved the Enterprise Agreement 2021-2025, effective from the date of the decision. This approval ensures that the agreement will govern the employment conditions of the Authority's employees for the specified period. The decision also sets a precedent for future enterprise agreements within the organisation and the broader public sector.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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