Parliament of Victoria

[2013] FWCA 5326

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Parliament of Victoria
(AG2013/2113)

ELECTORATE OFFICERS (VICTORIA) SINGLE ENTERPRISE AGREEMENT 2013

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 6 AUGUST 2013

Application for approval of the Electorate Officers (Victoria) Single Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Electorate Officers (Victoria) Single Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Parliament of Victoria. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The CPSU, the Community and Public Sector Union, SPSF Group, Victorian Branch, 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 13 August 2013. The nominal expiry date is 30 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Electorate Officers (Victoria) Single Enterprise Agreement 2013. The applicant was the Parliament of Victoria, while the respondent was the Australian Council of Trade Unions, acting on behalf of the affected employees. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the agreement's compliance with the "better off overall test" was a primary concern, ensuring that the employees would not be worse off financially or in terms of conditions as a result of the agreement.

The court was required to examine various provisions within the proposed agreement, particularly those concerning pay rates, allowances, leave entitlements, and other employment conditions. A significant issue was whether the agreement provided for a fair and reasonable set of terms and conditions for the employees, considering their existing conditions, the nature of their work, and the broader economic context. The court also had to consider whether the agreement allowed for adequate consultation and negotiation processes between the employer and the employees' representatives.

In delivering its decision, the Fair Work Commission noted that the proposed agreement included provisions that met the better off overall test. The court found that the proposed changes in the agreement did not disadvantage the employees, and in some cases, provided them with improved conditions and financial benefits. The agreement was deemed to be fair and reasonable, taking into account the nature of the work performed by the employees, the economic conditions, and the need for a balanced approach in the negotiation process. The court approved the agreement, highlighting its compliance with the statutory requirements and its potential to foster a positive working environment for the affected employees. The final orders confirmed the approval of the Electorate Officers (Victoria) Single Enterprise Agreement 2013, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established