Royal Botanic Gardens Board T/A Royal Botanic Gardens Victoria

[2022] FWCA 913

[2022] FWCA 913

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Royal Botanic Gardens Board T/A Royal Botanic Gardens Victoria

(AG2022/556)

Royal Botanic Gardens Victoria Enterprise Agreement 2021

State and Territory government administration
COMMISSIONER O'NEILL	MELBOURNE, 22 MARCH 2022

Application for approval of the Royal Botanic Gardens Victoria Enterprise Agreement 2021

1. Royal Botanic Gardens Victoria has applied for approval of an enterprise agreement known as the Royal Botanic Gardens Victoria Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. 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.

1. 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.

1. 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 18.6 – Right to Request Casual Conversion;

·           Clause 19.1(c) – Notice of Termination by RBGV;

·           Clause 55.19 – Employee Couple – Concurrent Leave; and

·           Clause 66.1 – Leave Accrual.

However, noting clause 11 of the Agreement and the undertakings given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2022. The nominal expiry date of the Agreement is 30 November 2025.

COMMISSIONER

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Annexure A