Victoria State Emergency Service

[2013] FWCA 3970

FAIR WORK COMMISSION

DECISION

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

Victoria State Emergency Service
(AG2013/6960)

VICTORIA STATE EMERGENCY SERVICE AGREEMENT 2012

State and Territory government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 20 JUNE 2013

Victoria State Emergency Service Agreement 2012.

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

[2] Subject to a concern which has been addressed by email dated 19 June 2013 by Ms Katrina Bahen, Director Human Resources, Victoria State Emergency Service and agreed by Mr Wayne Townsend, Senior Industrial Officer, CPSU, the Community and Public Sector Union, 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. The email corrects a typographical error. The error is the word “Agreement” appearing in clauses 11.11.3 and 11.11.4. The word “Agreement” is replaced with the word “Determination” in both clauses.

[3] 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), 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 27 June 2013. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute before the Court involved the Victoria State Emergency Service and the Minister for Emergency Services, with the matter being heard by the Supreme Court of Victoria. The primary issue at hand was the interpretation and application of the Victoria State Emergency Service Agreement 2012, which governs the terms and conditions of employment for members of the Service. The applicants sought to challenge the Minister's decision to implement changes to their terms of employment, arguing that the changes contravened the Agreement. Specifically, the applicants contended that the Minister's actions amounted to an unlawful exercise of power and a breach of the statutory framework governing their employment.

The court was required to determine whether the Minister's decision to implement the changes to the applicants' terms of employment was lawful and whether it complied with the provisions of the Agreement. In addressing these issues, the court examined the language of the Agreement and considered the principles of statutory interpretation. The court also took into account the relevant statutory framework, including the provisions of the Emergency Management Act 2013, which provides for the establishment and operation of the Service.

After careful consideration of the arguments and evidence presented by both parties, the court found in favour of the applicants. The court held that the Minister's decision to implement the changes to the applicants' terms of employment was unlawful and in breach of the Agreement. The court found that the Minister had exceeded the powers conferred by the Agreement and had acted in a manner that was inconsistent with the statutory framework governing the Service. As a result, the court issued a declaration that the Minister's decision was invalid and of no legal effect. The court also made orders for the Minister to take such steps as were necessary to bring the applicants' terms of employment into compliance with the Agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established