DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Botanic Gardens Board T/A Royal Botanic Gardens Victoria
(AG2018/4595)

ROYAL BOTANIC GARDENS VICTORIA ENTERPRISE AGREEMENT 2017

Tourism industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 JANUARY 2019

Application for approval of the Royal Botanic Gardens Victoria Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Royal Botanic Gardens Victoria 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 Royal Botanic Gardens Board T/A Royal Botanic Gardens Victoria. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2019. The nominal expiry date of the Agreement is 2 November 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Royal Botanic Gardens Board, trading as the Royal Botanic Gardens Victoria, applied for the approval of the Royal Botanic Gardens Victoria Enterprise Agreement 2017. The application was heard in the Fair Work Commission. The nature of the dispute centred around the terms and conditions of employment as outlined in the proposed agreement, and whether it met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues that the court had to address were whether the proposed agreement complied with the requirements of the Fair Work Act, particularly in terms of procedural fairness, and if it was in the best interests of the employees. The court had to consider if the agreement had been genuinely bargained and whether it provided for fair and reasonable terms and conditions of employment.

The court's reasoning was detailed and thorough, examining the negotiation process and the content of the agreement. The Commission concluded that the agreement had been genuinely bargained and that it contained fair and reasonable terms and conditions of employment. The court found that the negotiation process was procedurally sound and that the agreement met the criteria for approval under the Fair Work Act. The outcome was that the Royal Botanic Gardens Victoria Enterprise Agreement 2017 was approved.

The final orders included the approval of the Enterprise Agreement, ensuring that it would govern the employment conditions for the relevant employees as stipulated in the agreement.

Royal Botanic Gardens Board T/A Royal Botanic Gardens Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established