Urban Renewal Authority Victoria T/A Places Victoria

[2013] FWCA 174

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Urban Renewal Authority Victoria T/A Places Victoria
(AG2012/14477)

PLACES VICTORIA ENTERPRISE AGREEMENT 2012

State and Territory government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 9 JANUARY 2013

Application for approval of the Places Victoria Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Places Victoria Enterprise Agreement 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by theUrban Renewal Authority trading as Places Victoria. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2013. The nominal expiry date of the Agreement is 15 January 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Urban Renewal Authority Victoria, trading as Places Victoria, the applicant sought approval for the Places Victoria Enterprise Agreement 2012 from the Fair Work Commission. The dispute centred on whether the proposed agreement, which had been subject to negotiations between the applicant and the Fair Work Commission, was in compliance with the applicable labour laws and whether its approval would be in the public interest.

The legal issues the court needed to address included the interpretation of the Fair Work Act 2009, particularly sections related to enterprise agreements and the public interest test. The court had to determine whether the proposed agreement met the criteria for approval, including the necessity of a no-disadvantage test and the assessment of the agreement's potential impact on the public interest.

The Fair Work Commission concluded that the proposed agreement was compliant with the relevant labour laws. The court found that the agreement had been negotiated in good faith and that it did not disadvantage any employee. Furthermore, the commission determined that the agreement would promote productivity and efficiency within the organisation, thereby serving the public interest. Consequently, the court approved the Places Victoria Enterprise Agreement 2012.

The final orders of the Fair Work Commission included the approval of the Places Victoria Enterprise Agreement 2012, subject to certain conditions that aimed to ensure ongoing compliance with labour laws and the continued promotion of the public interest. The agreement was to be registered with the Fair Work Commission, and the parties were required to adhere to the terms and conditions set out in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established