DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victoria Legal Aid T/A Victoria Legal Aid
(AG2021/5147)

VICTORIA LEGAL AID ENTERPRISE AGREEMENT 2020-2024

State and Territory government administration
DEPUTY PRESIDENT YOUNG	MELBOURNE, 2 JUNE 2021

Application for approval of the Victoria Legal Aid Enterprise Agreement 2020-2024.

[1] Victoria Legal Aid T/A Victoria Legal Aid (the Employer) has made an application for approval of an enterprise agreement known as the Victoria Legal Aid Enterprise Agreement 2020-2024 (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 the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings 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 the accompanying statutory declaration and the additional information provided by the Employer, 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 Community and Public Sector Union (CPSU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 June 2021 and, in accordance with s 54, will operate from 9 June 2021. The nominal expiry date of the Agreement is 1 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Victoria Legal Aid applied for the approval of the Enterprise Agreement 2020-2024. The application was made before the Fair Work Commission. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement and whether these terms complied with the requirements of the Fair Work Act 2009.

The court was required to consider whether the proposed agreement was in the best interests of the employees and whether it complied with the provisions of the Fair Work Act, particularly in relation to the avoidance of industrial action. The court also needed to determine if the agreement was procedurally sound, ensuring that the bargaining process was fair and that the employees had been adequately represented.

The Fair Work Commission found that the agreement met the statutory requirements for approval. It considered the negotiation process to be fair and balanced, with appropriate representation for the employees. The court concluded that the terms of the agreement were reasonable and in the best interests of the employees, particularly in terms of job security, wages, and working conditions. The Commission approved the Enterprise Agreement 2020-2024.

The final orders of the Commission were that the Victoria Legal Aid Enterprise Agreement 2020-2024 was approved as of 1 July 2020, binding on all parties involved. This decision was based on the findings that the agreement was fairly negotiated, met the statutory requirements, and was in the best interests of the employees.

Victoria Legal Aid T/A 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