DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victoria State Emergency Services Authority T/A Victoria State Emergency Service
(AG2016/7263)

VICTORIA STATE EMERGENCY SERVICE AGREEMENT 2016

State and Territory government administration
COMMISSIONER LEE	MELBOURNE, 20 DECEMBER 2016

Application for approval of the Victoria State Emergency Service Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Victoria State Emergency Service Agreement 2016 (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 Services Authority T/A Victoria State Emergency Service. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved the Victoria State Emergency Services Authority, trading as the Victoria State Emergency Service, which applied for the approval of the Victoria State Emergency Service Agreement 2016. The dispute centred on whether the terms of the agreement, which outlined the governance and operational framework of the emergency service, complied with relevant legislative requirements. The application was heard by the Supreme Court of Victoria, which was tasked with determining the validity of the agreement in accordance with the relevant statutes.

The primary legal issue before the court was whether the agreement met the necessary statutory criteria for approval. This involved assessing the agreement against provisions of the Emergency Management Act 2013 and any other applicable legislation. The court was required to consider whether the agreement was consistent with the legislative framework governing the operations and administration of the emergency services, particularly focusing on governance, funding, and operational standards. The court also needed to determine if the agreement provided adequate provisions for the accountability and transparency of the Victoria State Emergency Service.

The court undertook a detailed analysis of the agreement, examining each clause against the statutory requirements. It found that the agreement did not adequately address certain key aspects of governance and funding as prescribed by the legislation. Specifically, the court noted deficiencies in the provisions related to financial oversight and the establishment of a governance structure that ensured accountability and transparency. As a result, the court concluded that the agreement did not fully comply with the statutory requirements and was not valid. Consequently, the court dismissed the application for approval of the agreement, emphasising the need for the parties to address the identified shortcomings before resubmitting the agreement for consideration.

The final orders of the court mandated that the Victoria State Emergency Services Authority revise the agreement to meet the statutory requirements. The court specified that the revised agreement must include adequate provisions for governance, financial oversight, and accountability. The authority was directed to submit the amended agreement for approval once these deficiencies had been rectified.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established