[2018] FWCA 2843

The attached document replaces the document previously issued with the above code today.

The decision is corrected by deleting the date “29 May 2018” appearing in paragraph [5] and inserting “30 May 2018”

Lisa Powell

Associate to Commissioner Bissett

Dated 23 May 2018

[2018] FWCA 2843

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

Parliament of Victoria
(AG2018/2033)

ELECTORATE OFFICERS’ (VICTORIA) SINGLE ENTERPRISE AGREEMENT 2017

State and Territory government administration
COMMISSIONER BISSETT	MELBOURNE, 23 MAY 2018

Application for approval of the Electorate Officers’ (Victoria) Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Electorate Officers’ (Victoria) Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Parliament of Victoria. The agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] 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, will operate from 30 May 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Parliament of Victoria, sought approval of the Electorate Officers’ (Victoria) Single Enterprise Agreement 2017 from the Fair Work Commission. The applicant argued that the agreement was necessary to improve workplace relations and to provide certainty and stability in the workplace. The dispute involved the terms and conditions of employment for electorate officers, and the Commission was tasked with determining whether the agreement met the statutory requirements for approval.

The primary legal issues revolved around whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirements for good faith bargaining and the protection of employees' rights. The applicant contended that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms and conditions. The Commission needed to assess these claims and determine whether the agreement met the necessary criteria for approval.

The Fair Work Commission found that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms and conditions. The Commission considered the evidence presented by both parties and determined that the agreement met the statutory requirements for approval. The applicant successfully demonstrated that the agreement was necessary to improve workplace relations and to provide certainty and stability in the workplace. As a result, the Commission approved the agreement.

The Fair Work Commission approved the Electorate Officers’ (Victoria) Single Enterprise Agreement 2017. The applicant's application was successful, and the agreement was deemed to meet the necessary criteria for approval under the Fair Work Act 2009. The terms and conditions set out in the agreement were considered fair and reasonable, and the Commission found that the agreement had been negotiated in good faith. The approval of the agreement provides certainty and stability for the employees covered by the agreement and is expected to improve workplace relations in the future.

Parliament of Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established