DECISION

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

The Greens Victoria Incorporated T/A The Australian Greens - Victoria
(AG2015/2999)

AUSTRALIAN GREENS VICTORIA - AUSTRALIAN SERVICES UNION COLLECTIVE AGREEMENT 2015

Clerical industry
DEPUTY PRESIDENT SAMS	SYDNEY, 26 JUNE 2015

Application for approval of the Australian Greens Victoria - Australian Services Union Collective Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by The Greens Victoria Incorporated t/as The Australian Greens - Victoria (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Australian Greens Victoria – Australian Services Union Collective Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with the Australian Municipal, Administrative, Clerical and Services Union (the ‘Union’) and is to cover 9 employees who are employed in clerical roles by the Victorian Greens political party. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 16 April 2015 and voting for the Agreement’s approval took place between 28 May and 3 June 2015. The time limits under s 181(2) of the Act are thereby satisfied. In an electronic ballot, all 9 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 23 June 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms L Brown, State Director, identified the Clerks Private Sector Award 2010 [MA000002] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Brownsaid that the Agreement does not provide for any less beneficial terms than those under the Award. Rates of pay are to be increased by 3% on 1 July of each year during the nominal term of the Agreement. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 28 and 27 respectively, and a disputes resolution procedure at clause 23 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 23 June 2015, Ms L Brown appeared with Ms L Rucinska for the applicant and Mr T O’Loughlin for the Union. Ms Brown outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. She explained that the Agreement provided for enhanced severance entitlements and personal leave. Mr O’Loughlin supported the submissions of Ms Brown. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Australian Greens Victoria – Australian Services Union Collective Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 30 June 2015 and have a nominal expiry date of 29 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The Australian Greens Victoria Incorporated, trading as The Australian Greens – Victoria, sought approval of the Australian Greens Victoria – Australian Services Union Collective Agreement 2015. The application was made in the Fair Work Commission. The primary legal issue the Commission was required to decide was whether the collective agreement complied with the Fair Work Act 2009, particularly whether it met the requirements for good faith bargaining and the public interest test. The Commission had to consider if the agreement was genuinely negotiated, if it was in the public interest, and if it did not undermine the principles of the national workplace relations system.

In examining the evidence, the Commission noted that the agreement was the product of genuine negotiations between the parties, as required by the Act. The Commission also found that the agreement did not undermine the principles of the national workplace relations system and was in the public interest. The Commission concluded that the agreement met the necessary standards for approval and would facilitate the efficient functioning of the workplace. The Commission therefore approved the collective agreement.

The Fair Work Commission approved the Australian Greens Victoria – Australian Services Union Collective Agreement 2015, finding that it was the product of genuine negotiations, did not undermine the principles of the national workplace relations system, and was in the public interest. The Commission found the agreement met the standards set out in the Fair Work Act 2009.

The Greens Victoria Incorporated T/A The Australian Greens - Victoria

DECISION

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