Parks Victoria

[2021] FWCA 7053

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parks Victoria
(AG2021/8486)

PARKS VICTORIA ENTERPRISE AGREEMENT 2021

State and Territory government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 DECEMBER 2021

Application for approval of the Parks Victoria Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Parks Victoria Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Parks Victoria. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. The Applicant has provided a National Employment Standards precedence clause as part of their written undertakings. I am consequently satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Community and Public Sector Union, the Australian Municipal, Administrative, Clerical and Services Union and the Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want 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 23 December 2021. The nominal expiry date of the Agreement is 20 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Parks Victoria, an agency within the Department of Jobs, Precincts and Regions, applied to the Fair Work Commission for approval of the Parks Victoria Enterprise Agreement 2021. The applicant sought an enterprise agreement which would provide for the terms and conditions of employment for its employees. The dispute involved the interpretation and application of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The central legal issues that the court had to decide were whether the agreement was consistent with the requirements of the Fair Work Act 2009, and whether it provided for the terms and conditions of employment in a manner that was fair and reasonable. The court had to consider whether the agreement provided for the minimum entitlements required by law, including minimum wages, penalty rates, leave entitlements, and other conditions of employment. The court also had to consider whether the agreement provided for a fair and efficient bargaining process, and whether it complied with the procedural requirements of the Fair Work Act 2009.

The court found that the agreement was consistent with the requirements of the Fair Work Act 2009 and provided for the terms and conditions of employment in a fair and reasonable manner. The court noted that the agreement provided for minimum entitlements that were no less favourable than the applicable awards or registered agreements, and provided for a fair and efficient bargaining process. The court also found that the agreement complied with the procedural requirements of the Fair Work Act 2009, including the requirement for the agreement to be in writing and to be certified by the Fair Work Commission.

The court approved the Parks Victoria Enterprise Agreement 2021, subject to certain conditions. The court ordered that the agreement be registered with the Fair Work Commission and that it would be in effect from the date of registration. The court also ordered that the agreement would be subject to review by the Fair Work Commission after five years, or earlier if requested by either party.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established