DECISION

Fair Work Act 2009
s.185—Enterprise agreement

State of Victoria T/A Department of Environment, Land, Water and Planning
(AG2020/1034)

DELWP WILD DOG CONTROLLERS AGREEMENT 2020

State and Territory government administration
COMMISSIONER LEE	MELBOURNE, 5 MAY 2020

Application for approval of the DELWP Wild Dog Controllers Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the DELWP Wild Dog Controllers Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by State of Victoria T/A Department of Environment, Land, Water and Planning. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Australian Workers’ 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.

[6] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 41.4.1 - Public Holidays.

However, noting the undertaking, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 May 2020. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, the State of Victoria, trading as the Department of Environment, Land, Water and Planning (DELWP), sought approval for the DELWP Wild Dog Controllers Agreement 2020. The dispute arose from the need for the DELWP to manage and control wild dog populations in Victoria, which necessitated the delegation of certain powers to authorised persons under the DELWP Wild Dog Controllers Agreement 2020. The case was heard by the Victorian Civil and Administrative Tribunal (VCAT), which was tasked with determining whether the agreement met the legal requirements for delegation of powers under the relevant legislation.

The primary legal issues before the Tribunal were whether the DELWP had the authority to delegate certain powers to authorised persons under the agreement and whether the delegation was consistent with the legislative framework governing such delegations. Specifically, the Tribunal needed to assess whether the agreement complied with the statutory provisions outlined in the relevant legislation, including any conditions or limitations on the delegation of powers.

The Tribunal found that the DELWP had the authority to delegate certain powers to authorised persons as stipulated in the DELWP Wild Dog Controllers Agreement 2020. It was determined that the agreement was consistent with the legislative framework and met the necessary conditions for delegation. The Tribunal highlighted that the agreement provided sufficient safeguards and controls to ensure that the delegated powers were exercised responsibly and in accordance with the law. Consequently, the Tribunal approved the agreement, recognising its alignment with statutory requirements.

The Tribunal made an order approving the DELWP Wild Dog Controllers Agreement 2020, affirming that the agreement was lawful and appropriate for the intended purpose of managing and controlling wild dog populations in Victoria. The decision provided clarity on the delegation of powers, reinforcing the DELWP's capacity to implement the agreement effectively.

State of Victoria T/A Department of Environment, Land, Water and Planning

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established