Victoria Walks Inc

[2019] FWCA 6395

[2019] FWCA 6395

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victoria Walks Inc
(AG2019/2698)

VICTORIA WALKS INC AGREEMENT 2019-2022

Health and welfare services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 13 SEPTEMBER 2019

Application for approval of the Victoria Walks Inc Agreement 2019-2022.

[1] Victoria Walks Inc has applied for approval of a single enterprise agreement known as the Victoria Walks Inc Agreement 2019-2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, concerns were raised in relation to whether: the Agreement contravenes s.55 of the Act, passes the “better off overall” test and contains the mandatory terms.

[3] Further information was provided in relation to these concerns, including proposed undertakings. The Australian Municipal, Administrative, Clerical and Services Union Vic/Tas Authorities & Services Branch (ASU), being a bargaining representative for the Agreement, opposed the undertakings as initially proposed by the Applicant.

[4] The Applicant provided amended written undertakings in accordance with s.190 of the Act which are attached at Annexure A (Undertakings). The ASU did not oppose or provide any further views in relation to the Undertakings. I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] Noting clause 3 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and having regard to the Undertakings, 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.

[7] The ASU has given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers the organisation.

[8] The Agreement was approved on 13 September 2019 and, in accordance with s.54, will operate from 20 September 2019. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

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Annexure A