Trust for Nature (Victoria)

[2022] FWCA 1706

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trust for Nature (Victoria)

(AG2022/1253)

Trust for Nature Enterprise Agreement 2021

Industries not otherwise assigned
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 MAY 2022

Application for approval of the Trust for Nature Enterprise Agreement 2021

An application has been made by Trust for Nature (Victoria) pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the Trust for Nature Enterprise Agreement 2021 (the Agreement).

The Employer 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. The undertakings are taken to be a term 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.

The Community and Public Sector Union (CPSU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2022. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the Trust for Nature Enterprise Agreement 2021, with the Trust for Nature (Victoria) and the relevant unions as parties. The dispute centred around whether the proposed agreement was fair and reasonable under the relevant legislative provisions. The matter was heard in the Fair Work Commission, which has jurisdiction over employment agreements and industrial matters in Australia.

The primary legal issues for the court to decide were whether the agreement provided for fair terms and conditions for employees, whether it complied with the relevant legislative requirements, and if the process for reaching the agreement was fair and reasonable. The court needed to consider the balance of rights and obligations, the fairness of the agreement's terms, and the process by which the agreement was negotiated.

The Fair Work Commission found that the Trust for Nature Enterprise Agreement 2021 was fair and reasonable. The court determined that the agreement provided for fair terms and conditions, was in compliance with the relevant legislation, and the process for reaching the agreement was fair and reasonable. The Commission emphasised the importance of balancing the interests of both employers and employees in reaching an agreement and found that this balance was achieved in this case. As a result, the court approved the Trust for Nature Enterprise Agreement 2021.

The final orders of the court were to approve the Trust for Nature Enterprise Agreement 2021, which will now apply to the employees covered by the agreement. The approval will ensure that the terms and conditions of employment are fair and reasonable, and the agreement complies with the relevant legislative requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established