DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trust for Nature (Victoria)
(AG2018/2067)

TRUST FOR NATURE ENTERPRISE AGREEMENT 2018

State and Territory government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 SEPTEMBER 2018

Application for approval of the Trust for Nature Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Trust for Nature Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trust for Nature (Victoria). The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The CPSU, the 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 14 September 2018 and, in accordance with s.54, will operate from 21 September 2018. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Trust for Nature (Victoria) is a non-profit organisation that acts as the agent for the Crown in relation to the conservation of land and biodiversity in Victoria. In this case, the Trust sought approval for the Trust for Nature Enterprise Agreement 2018, which was to govern the employment of its employees. The dispute was heard by the Fair Work Commission, the body responsible for resolving workplace disputes in Australia.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for appropriate minimum entitlements, and whether it was in the best interests of the employees. The Commission also had to consider whether the agreement was consistent with the national workplace relations system.

The Fair Work Commission found that the proposed agreement met the legal requirements under the Fair Work Act. The Commission determined that the agreement provided for appropriate minimum entitlements, and that it was in the best interests of the employees. The Commission also found that the agreement was consistent with the national workplace relations system. The Commission approved the Trust for Nature Enterprise Agreement 2018, and it is now in effect.

This decision provides clarity for the Trust for Nature and its employees regarding the terms of their employment, and ensures that the agreement is compliant with the relevant legislation. The approval of the agreement is an important step in the ongoing efforts to conserve Victoria's land and biodiversity.

Trust for Nature (Victoria)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established