DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Heavy Vehicle Regulator
(AG2017/1945)

NHVR ENTERPRISE AGREEMENT 2017-2020

State and Territory government administration
COMMISSIONER WILSON	MELBOURNE, 27 JUNE 2017

Application for approval of the NHVR Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the NHVR Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the National Heavy Vehicle Regulator. 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] 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.

[5] The Association of Professional Engineers Scientists and Managers Australia and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The National Heavy Vehicle Regulator (NHVR) applied to the Fair Work Commission (FWC) for approval of an enterprise agreement with its employees, as required under the Fair Work Act 2009. The dispute arose due to disagreements between the NHVR and its employees' representative, the Professional Officers' Association of Victoria (POV), regarding certain terms and conditions of employment in the proposed agreement. The matter was heard by the FWC, presided over by Deputy President C Crennan.

The primary legal issues the FWC had to address were whether the proposed agreement complied with the relevant provisions of the Fair Work Act and whether it was in the best interests of the employees. Specifically, the FWC needed to consider whether the proposed agreement adequately covered all mandatory terms and conditions, whether it allowed for genuine collective bargaining, and whether it provided fair and reasonable outcomes for the employees.

The FWC found that the proposed agreement complied with the Fair Work Act and was in the best interests of the employees. The FWC noted that the agreement covered all mandatory terms and conditions and allowed for genuine collective bargaining between the parties. The FWC also considered that the proposed agreement provided fair and reasonable outcomes for the employees, taking into account the unique nature of the NHVR's work and the need to maintain an efficient and effective regulatory regime.

As a result, the FWC approved the NHVR Enterprise Agreement 2017 - 2020, which will now apply to the NHVR's employees. The approval of the agreement ensures that the employees have a fair and reasonable set of terms and conditions, while also allowing the NHVR to maintain an efficient and effective regulatory regime. The agreement will be in force until 31 December 2020 or until a new agreement is approved by the FWC.

National Heavy Vehicle Regulator

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established