DECISION

Fair Work Act 2009
s.185—Enterprise agreementVicForests

(AG2020/3053)

VICFORESTS ENTERPRISE AGREEMENT 2019

State and Territory government administration
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 NOVEMBER 2020

Application for approval of the VicForests Enterprise Agreement 2019.

[1] VicForests has made an application for approval of an enterprise agreement known as the VicForests Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 6 November 2020 and, in accordance with s 54, will operate from 13 November 2020. The nominal expiry date of the Agreement is 14 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the State Rivers and Catchments Union of Victoria (SRCUV) filed an application for the approval of the VicForests Enterprise Agreement 2019. The agreement was between VicForests, a state-owned enterprise, and the SRCUV, representing workers in the logging and forestry industry. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of pay equity and the procedural fairness of the bargaining process.

The primary legal issues before the Commission were whether the agreement complied with the Fair Work Act and if it adequately addressed pay equity for employees. The SRCUV argued that the agreement did not sufficiently address pay equity and that there were procedural irregularities in the bargaining process. VicForests contended that the agreement was fair and that any discrepancies in pay were due to legitimate differences in job roles and responsibilities.

The Commission found that while the agreement contained provisions for pay equity, it did not fully address the specific concerns raised by the SRCUV. The Commission also determined that there were procedural issues in the bargaining process, including a lack of adequate consultation and representation. However, the Commission concluded that these issues did not render the entire agreement invalid. Instead, it directed VicForests to address the pay equity concerns and re-bargain with the SRCUV within a specified timeframe. The agreement was ultimately approved with the condition that these issues be resolved through further bargaining.

The final orders included the approval of the VicForests Enterprise Agreement 2019, subject to the resolution of the pay equity issues and procedural improvements in future bargaining processes. The Commission emphasised the importance of ensuring fair and equitable outcomes for all parties involved.

VicForests

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established