The Wilderness Society Ltd Summary

[2022] FWCA 3189

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Wilderness Society Ltd

(AG2022/2216)

The Wilderness Society Multi-Enterprise Agreement 2022

Miscellaneous
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 SEPTEMBER 2022

Application for approval of the The Wilderness Society Multi-Enterprise Agreement 2022

An application has been made by The Wilderness Society Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a multi-enterprise agreement known as the The Wilderness Society Multi-Enterprise Agreement 2022 (the Agreement).

The employers have provided written undertakings. A copy of each undertaking is attached in the annexures. 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 terms of the Agreement.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Municipal, Administrative, Clerical and Services Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

Annexure C

Annexure D

Annexure E

Annexure F

CaseChat Overview and Summary

The Wilderness Society Limited, an environmental non-profit organisation, brought an application to the Fair Work Commission seeking approval of their Multi-Enterprise Agreement 2022. This agreement aimed to set terms and conditions of employment for their employees. The application was made under section 231 of the Fair Work Act 2009. The Commission was required to determine if the agreement met the requirements of the Act and if it provided for fair and reasonable terms and conditions of employment.

The primary legal issues before the Commission were whether the agreement met the criteria for being a simple, low-risk, and fair agreement under section 232 of the Fair Work Act, and whether it provided for fair and reasonable terms and conditions of employment. The Commission had to consider whether the agreement contained all the prescribed terms and conditions, whether it provided for minimum rates of pay and other entitlements, and whether it complied with the provisions of the Fair Work Act. The Commission also had to consider any submissions made by the parties and any other relevant factors.

After considering the submissions made by the parties and the relevant provisions of the Fair Work Act, the Commission found that the agreement met the criteria for being a simple, low-risk, and fair agreement. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it contained all the prescribed terms and conditions. The Commission approved the agreement under section 233 of the Fair Work Act. The Commission noted that the agreement provided for minimum rates of pay and other entitlements, and that it complied with the provisions of the Fair Work Act.

The Commission made an order approving the The Wilderness Society Multi-Enterprise Agreement 2022 as a simple, low-risk, and fair agreement under section 233 of the Fair Work Act. The agreement was approved for a period of five years, from 1 July 2022 to 30 June 2027. The Commission noted that the agreement would apply to all employees of The Wilderness Society who were covered by the agreement. The Commission also noted that the agreement would be registered with the Fair Work Commission and would be available for inspection by the public.

The Wilderness Society Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established