DECISION

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

Royal Botanic Gardens Board T/A Royal Botanic Gardens Victoria
(AG2015/5890)

ROYAL BOTANIC GARDENS ENTERPRISE AGREEMENT 2014

State and Territory government administration
COMMISSIONER WILSON	MELBOURNE, 9 DECEMBER 2015

Application for approval of the Royal Botanic Gardens Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Royal Botanic Gardens Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 Community and Public Sector Union (the CPSU), 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 16 December 2015. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

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 to the Fair Work Commission for approval of the Royal Botanic Gardens Enterprise Agreement 2014. The agreement was sought to be registered under the Fair Work Act 2009. The application involved a dispute over the terms and conditions of employment for staff within the Royal Botanic Gardens Victoria, specifically whether the proposed agreement met the statutory requirements for registration under the Act.

The primary legal issues before the court were whether the enterprise agreement complied with the provisions of the Fair Work Act, including whether it provided for minimum terms and conditions, whether it met the "better off overall test" and whether it was appropriately certified by the relevant industrial relations authority. The court also needed to determine if the agreement was fair and reasonable in its terms and whether it allowed for proper consultation and negotiation between the employer and employees.

The Fair Work Commission assessed the application against the statutory criteria and found that the proposed agreement met the necessary requirements for registration. The Commission concluded that the agreement provided for minimum terms and conditions, met the better off overall test, and was appropriately certified. The Commission also determined that the agreement was fair and reasonable and allowed for proper consultation and negotiation. Consequently, the court approved the application and registered the Royal Botanic Gardens Enterprise Agreement 2014 under the Fair Work Act.

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