DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Urban Renewal Authority Victoria T/A Places Victoria
(AG2016/2833)

PLACES VICTORIA ENTERPRISE AGREEMENT

State and Territory government administration
COMMISSIONER ROE	MELBOURNE, 23 MAY 2016

Application for approval of the Places Victoria Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Places Victoria 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 Urban Renewal Authority Victoria T/A Places 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.

[3] The Agreement was approved on 23 May 2016 and, in accordance with s.54, will operate from 30 May 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Urban Renewal Authority Victoria, trading as Places Victoria, applied for approval of the Places Victoria Enterprise Agreement 2016. The application was made under section 232 of the Fair Work Act 2009, which requires the Commission to approve an agreement if it determines that the agreement is appropriate for the purposes of the Act. The application was opposed by the Australian Services Union, which argued that the agreement failed to meet the appropriate standard.

The key legal issue before the Commission was whether the agreement met the "appropriate standard" as set out in section 230 of the Act. This standard requires the Commission to consider whether the agreement provides for fair and efficient workplace relations, and whether it promotes high levels of productivity, economic efficiency and workplace harmony. The Commission also had to consider whether the agreement provided for appropriate mechanisms for dispute resolution.

In determining whether the agreement met the appropriate standard, the Commission considered a range of factors, including the level of union and employer support for the agreement, the extent to which the agreement promoted productivity and workplace harmony, and the adequacy of the dispute resolution provisions. The Commission found that the agreement met the appropriate standard, noting that it provided for a fair and efficient system of workplace relations, and included provisions for the resolution of disputes that were appropriate and effective. The Commission also noted that the agreement had been negotiated in good faith and reflected the views of both parties.

The Commission approved the Places Victoria Enterprise Agreement 2016, subject to certain modifications to ensure compliance with the appropriate standard. The modifications related to the provisions for the resolution of disputes, which the Commission found were not as effective as they could be. The Commission ordered that the agreement be approved with these modifications, and that the parties take all necessary steps to give effect to the approved agreement.

Urban Renewal Authority Victoria T/A Places Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established