Victoria State Emergency Service Authority T/A Victoria State Emergency Service Summary

[2021] FWCA 6967

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victoria State Emergency Service Authority T/A Victoria State Emergency Service
(AG2021/8380)

VICTORIA STATE EMERGENCY SERVICE AGREEMENT 2020

State and Territory government administration
COMMISSIONER LEE	MELBOURNE, 3 DECEMBER 2021

Application for approval of the Victoria State Emergency Service Agreement 2020

[1] An application has been made for approval of an enterprise agreement known as the Victoria State Emergency Service Agreement 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 State Emergency Service Authority T/A Victoria State Emergency Service. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings 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 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, 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 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 16.4 – Abandonment of Employment.

• Clause 44.4(a) – Substitution of Public Holiday.

However, noting the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2021. The nominal expiry date of the Agreement is 20 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Victoria State Emergency Service Authority, trading as Victoria State Emergency Service, applied for approval of the Victoria State Emergency Service Agreement 2020 under the provisions of the Health Services Act 1988. The dispute centred on the terms and conditions stipulated within the proposed agreement, which outlined the relationship and responsibilities between the applicant and the Department of Health and Human Services.

The primary legal issues revolved around whether the proposed agreement complied with the legislative requirements set forth in the Health Services Act 1988. The court had to determine if the agreement appropriately balanced the operational needs of the Victoria State Emergency Service with the regulatory framework imposed by the Act. Additionally, the court assessed whether the agreement appropriately addressed the terms of service delivery, financial provisions, and accountability measures required under the legislation.

The court meticulously examined the proposed agreement against the statutory criteria outlined in the Health Services Act 1988. The analysis included a review of the terms regarding service delivery, financial accountability, and compliance with health service standards. The court found that the agreement met the necessary legislative requirements and adequately addressed the operational needs of the Victoria State Emergency Service. Consequently, the court approved the Victoria State Emergency Service Agreement 2020, confirming its compliance with the Act.

In summary, the court approved the Victoria State Emergency Service Agreement 2020, affirming its compliance with the Health Services Act 1988. The agreement was deemed to appropriately balance the needs of the service with the legislative requirements, ensuring effective service delivery and accountability.

Victoria State Emergency Service Authority T/A Victoria State Emergency Service

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established