[2016] FWCA 2934 [Note: This decision has been published with a corresponding order]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The State of Victoria (Department of Economic Development, Jobs, Transport and Resources)
(AG2016/2919)

VICTORIAN PUBLIC SERVICE ENTERPRISE AGREEMENT 2016

State and Territory government administration
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 MAY 2016

Application for approval of the Victorian Public Service Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Public Service 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 State of Victoria (Department of Economic Development, Jobs, Transport and Resources. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The CPSU, Community and Public Sector 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 organisations, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 11 May 2016 and, in accordance with s.54, will operate from 18 May 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The State of Victoria (Department of Economic Development, Jobs, Transport and Resources) has applied for the approval of the Victorian Public Service Enterprise Agreement 2016. The matter was heard by the Fair Work Commission, which was required to determine whether the terms and conditions outlined in the agreement were fair and reasonable. The legal issues before the Commission centred on whether the proposed changes to the agreement, particularly those related to wages, leave entitlements, and working hours, met the statutory criteria for approval. The Commission had to assess whether the agreement provided for fair and reasonable terms and conditions of employment, ensuring that it did not disadvantage any party and that it complied with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission examined the provisions of the agreement against the benchmarks established by the Fair Work Act, considering factors such as the nature of the industry, the economic context, and the impact on employees. The Commission took into account submissions from various stakeholders, including unions, employer groups, and the State of Victoria. The Commission concluded that the proposed changes in the agreement were fair and reasonable, as they balanced the interests of both employers and employees, provided adequate protections, and aligned with broader economic conditions. The Commission also considered the need to maintain industrial harmony and the potential for the agreement to promote efficiency and productivity in the public service sector.

The Fair Work Commission approved the Victorian Public Service Enterprise Agreement 2016, finding that it met the statutory requirements for fairness and reasonableness. The Commission noted that the agreement provided for appropriate wage increases, reasonable working hours, and adequate leave entitlements, while also addressing the operational needs of the Department of Economic Development, Jobs, Transport and Resources. The approval of the agreement ensures that the terms and conditions of employment for public service employees in Victoria are fair and reasonable, providing a stable and predictable framework for both employers and employees. The Commission's decision reflects a balanced approach that recognises the importance of maintaining industrial harmony and supporting the efficient operation of public services.

The State of Victoria (Department of Economic Development, Jobs, Transport and Resources)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established