DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parks Victoria
(AG2017/458)

PARKS VICTORIA ENTERPRISE AGREEMENT 2016

State and Territory government administration
COMMISSIONER ROE	MELBOURNE, 10 MARCH 2017

Application for approval of the Parks Victoria Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Parks Victoria 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 Parks Victoria. 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 Community and Public Sector Union, Association of Professional Engineers Scientists and Managers Australia, Australian Municipal, Administrative, Clerical and Services Union and 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.

[5] The Agreement was approved on 10 March 2017 and, in accordance with s.54, will operate from 17 March 2017. The nominal expiry date of the Agreement is 10 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved a dispute between Parks Victoria, a statutory authority responsible for managing Victoria's parks and reserves, and the Victorian Branch of the Public Sector Union. The union sought approval of the Parks Victoria Enterprise Agreement 2016, which aimed to establish the terms and conditions of employment for its members working within the organisation. The Commission was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the Commission considered whether there was genuine bargaining between the parties and if the agreement had been certified as a single, indivisible bargain. Substantively, the Commission assessed whether the agreement met the "better off overall test," ensuring that the overall terms and conditions of employment were no worse than those previously in place.

In its decision, the Commission found that the agreement had been genuinely bargained and certified as a single, indivisible bargain, thus satisfying the procedural requirements. The Commission also determined that the agreement met the better off overall test, as it provided overall benefits to the employees that outweighed any detriments. The Commission approved the agreement, highlighting the importance of the agreement in addressing the specific needs and circumstances of the workforce, while also promoting a productive and efficient workplace.

The Fair Work Commission approved the Parks Victoria Enterprise Agreement 2016, acknowledging its role in enhancing the working conditions and terms for the employees. The Commission's decision recognised the importance of collective bargaining and the need for tailored agreements that cater to the unique needs of the workforce.

Parks Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established