DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victoria Legal Aid
(AG2017/2124)

VICTORIA LEGAL AID ENTERPRISE AGREEMENT 2016-2020

Clerical industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 27 JULY 2017

Application for approval of the Victoria Legal Aid Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Victoria Legal Aid Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victoria Legal Aid. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Victoria Legal Aid. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 August 2017. The nominal expiry date of the Agreement is 28 October 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Victoria Legal Aid, which sought approval for an enterprise agreement entered into for the period from 2016 to 2020. The applicant was represented by counsel and sought to have the agreement approved under the relevant industrial relations legislation. The matter was heard in the Fair Work Commission, which had jurisdiction to consider and approve the agreement.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it complied with the principles of procedural fairness. The applicant needed to demonstrate that the agreement was not only in the best interests of the employees covered by it but also that the negotiation process was fair and that the agreement was not contrary to public policy.

In delivering its decision, the Commission considered the principles of good faith bargaining, procedural fairness, and the best interests of the employees. The Commission found that the agreement was fair and reasonable, taking into account the context of the negotiations and the terms of the agreement. The Commission was satisfied that the negotiation process was conducted in good faith and that the agreement did not contravene any public policy considerations. The Commission approved the enterprise agreement, finding that it met all the statutory requirements and was in the best interests of the employees.

The Fair Work Commission approved the Victoria Legal Aid Enterprise Agreement 2016-2020, confirming that it complied with the relevant industrial relations legislation and met the principles of good faith bargaining and procedural fairness.

Victoria Legal Aid

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established