Parliament of Victoria

[2013] FWCA 943

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parliament of Victoria
(AG2013/4727)

PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF - VICTORIA) SINGLE ENTERPRISE AGREEMENT 2012

State and Territory government administration
COMMISSIONER BISSETT	MELBOURNE, 8 FEBRUARY 2013

Application for approval of the Parliamentary Officers’ (Non-Executive Staff - Victoria) Single Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Parliamentary Officers’ (Non-Executive Staff - Victoria) Single Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 15 February 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by the Parliament of Victoria seeking approval of the Parliamentary Officers' (Non-Executive Staff - Victoria) Single Enterprise Agreement 2012. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, specifically in relation to the coverage of the agreement and the terms of remuneration and conditions for employees. The Commission was tasked with determining whether the agreement was in the public interest and met the statutory criteria for approval.

The legal issues before the Commission involved the interpretation of the Fair Work Act, the scope of the agreement, and the fairness and reasonableness of the terms. The Parliament of Victoria argued that the agreement was necessary to ensure the efficient and effective operation of Parliament, while the union representing the employees contended that certain provisions were inadequate and did not provide fair and reasonable terms for the employees. The Commission had to balance the interests of the employer and the employees, ensuring that the agreement met the legislative requirements while also addressing the concerns of both parties.

In delivering its decision, the Commission found that the agreement met the statutory criteria and was in the public interest. The Commission held that the agreement provided for fair and reasonable terms and conditions for the employees, taking into account the nature of the work and the need for flexibility in the parliamentary environment. The Commission also noted that the agreement contained provisions for dispute resolution and the protection of employee rights, which were consistent with the objectives of the Fair Work Act. The application was therefore approved, and the agreement was certified as meeting the requirements of the Act.

The final orders of the Commission were that the Parliamentary Officers' (Non-Executive Staff - Victoria) Single Enterprise Agreement 2012 be approved and certified as meeting the requirements of the Fair Work Act 2009. The agreement was to be in effect from the date of the decision and would apply to the employees covered by the agreement. The Commission also ordered that the agreement be published and made available to the public, ensuring transparency and accountability in the operation of Parliament.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established