DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Police Association of Victoria
(AG2020/2147)

TPAV ENTERPRISE AGREEMENT 2020

Clerical industry
DEPUTY PRESIDENT CLANCY	MELBOURNE, 12 AUGUST 2020

Application for approval of the TPAV Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the TPAV Enterprise 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 The Police Association of Victoria. The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of The Police Association of Victoria, however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen.

[3] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Australian Municipal, Administrative, Clerical & Services Union (ASU Victorian Private Sector Branch 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 19 August 2020. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Police Association of Victoria (TPAV) applied to the Fair Work Commission for approval of the TPAV Enterprise Agreement 2020. The Police Association of Australia (TPAA) objected to the approval, contending that the agreement failed to meet certain legal standards. The matter was heard by the Commission, which had to determine whether the agreement should be approved.

The primary legal issue was whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the objection raised questions about the agreement's compliance with the "better off overall test" and the procedural fairness in its negotiation. The Commission had to examine if the agreement provided employees with a better overall deal than the existing conditions and if the negotiation process was fair and transparent.

The Commission concluded that the agreement met the better off overall test and was negotiated fairly. The analysis included a detailed examination of the financial benefits and conditions provided by the agreement, compared to the existing terms. The Commission also considered the process by which the agreement was negotiated, ensuring that it complied with procedural fairness standards. Based on this analysis, the Commission approved the agreement.

The Commission ordered the approval of the TPAV Enterprise Agreement 2020, dismissing the objection raised by the Police Association of Australia. The decision emphasised the importance of the agreement in providing fair and reasonable conditions for employees, while also recognising the need for procedural fairness in the negotiation process.

The Police Association of Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established