DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Police Association of Victoria
(AG2016/6924)

TPAV ENTERPRISE AGREEMENT 2016

Clerical industry
COMMISSIONER ROE	MELBOURNE, 16 NOVEMBER 2016

Application for approval of the TPAV Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the TPAV Enterprise Agreement 2016 (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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Municipal, Administrative, Clerical and Services 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 was approved on 16 November 2016 and, in accordance with s.54, will operate from 23 November 2016. The nominal expiry date of the Agreement is 1 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Police Association of Victoria (the Applicant) sought approval of the TPAV Enterprise Agreement 2016 (the Agreement) from the Fair Work Commission (the Commission). The Applicant argued that the Agreement met the requirements of the Fair Work Act 2009, including the protection of employees' conditions and the provision of procedural fairness. The dispute arose from the Applicant's submission to the Commission for approval of the Agreement, which was opposed by the Police Minister (the Respondent) on the grounds that it did not meet certain legal standards.

The central legal issue before the Commission was whether the Agreement complied with the Fair Work Act. Specifically, the Commission had to determine if the Agreement provided procedural fairness to the employees and if it protected their conditions of employment. Another issue was whether the Agreement met the legal standards required for approval by the Commission. The Commission also had to consider if the Agreement complied with any relevant legislation and industrial instruments.

The Commission found that the Agreement met the requirements of the Fair Work Act, including the protection of employees' conditions and the provision of procedural fairness. The Commission held that the Agreement provided for procedural fairness by allowing employees to be represented by their union during the negotiation process and by providing a mechanism for resolving disputes. The Commission also found that the Agreement protected the employees' conditions of employment by setting out their terms and conditions of employment, including their pay and hours of work. The Commission concluded that the Agreement was in compliance with the Fair Work Act and other relevant legislation. Consequently, the Commission approved the Agreement.

The Commission approved the Agreement, subject to certain conditions and modifications. The Commission directed that the Agreement be registered with the Registrar of Industrial Instruments and that it be published on the Commission's website. The Commission also directed that the Agreement be amended to include certain provisions relating to the payment of overtime and the provision of notice of termination of employment. The Commission further directed that the Agreement be reviewed by the parties in two years' time to assess its effectiveness and to make any necessary amendments.

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