DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Growth Areas Authority t/a Victorian Planning Authority
(AG2016/5403)

VICTORIAN PLANNING AUTHORITY ENTERPRISE AGREEMENT 2016

State and Territory government administration
COMMISSIONER GREGORY	MELBOURNE, 17 OCTOBER 2016

Application for approval of the Victorian Planning Authority Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Planning Authority 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 Growth Areas Authority t/a Victorian Planning Authority. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 CPSU, the Community and Public Sector 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 October 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved the Growth Areas Authority trading as the Victorian Planning Authority, which sought approval of the Victorian Planning Authority Enterprise Agreement 2016. The application was brought before the Fair Work Commission, which had the authority to approve the agreement under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the necessary criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The primary legal issue before the Commission was whether the proposed agreement satisfied the requirements set forth in section 233 of the Act. This section mandates that an enterprise agreement must provide for fair and reasonable terms and conditions, and the Commission had to determine whether the proposed agreement met these criteria. Additionally, the Commission considered whether the agreement appropriately addressed various employment matters, such as wages, hours of work, and other conditions of employment, in a fair and reasonable manner.

In its decision, the Commission carefully examined the terms of the proposed agreement, taking into account the submissions from both the employer and the employees' representatives. The Commission concluded that the agreement provided for fair and reasonable terms and conditions for the employees, as it balanced the interests of both parties and addressed the key employment matters adequately. The Commission approved the Victorian Planning Authority Enterprise Agreement 2016, finding that it met the statutory criteria for approval.

The Commission's decision was based on its assessment that the agreement was fair and reasonable in all respects, taking into account the submissions and evidence presented by the parties. The Commission's approval of the agreement was a significant outcome for both the employer and the employees, as it provided certainty and stability in their employment relationship.

Growth Areas Authority t/a Victorian Planning Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established