DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victoria Walks Inc.
(AG2015/5977)

VICTORIA WALKS INC AGREEMENT 2015

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 6 NOVEMBER 2015

Application for approval of the Victoria Walks Inc Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Victoria Walks Inc Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victoria Walks Inc.. The agreement is a single-enterprise agreement.

[2] 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.

[3] Australian Municipal, Administrative, Clerical and Services Union (ASU) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 6 November 2015 and, in accordance with s.54 of the Act, will operate from 13 November 2015. The nominal expiry date of the Agreement is 31 December 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Victoria Walks Inc. brought an application before the Fair Work Commission for the approval of the Victoria Walks Inc Agreement 2015. The application was made under section 234 of the Fair Work Act 2009, seeking to have the agreement registered as a registered agreement. The dispute centred on the validity and appropriateness of the proposed agreement, which aimed to govern the employment terms and conditions for employees of Victoria Walks Inc.

The legal issues before the Commission were whether the agreement met the statutory requirements for registration under the Fair Work Act 2009. This included examining whether the agreement had been made in good faith, whether it covered a designated group of employees, and whether it complied with the relevant minimum standards. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and whether the process through which it was made was fair.

The Fair Work Commission found that the agreement met all the statutory requirements for registration. The Commission determined that the agreement was made in good faith, covered a designated group of employees, and complied with the minimum standards prescribed by the Act. The process through which the agreement was made was also deemed to be fair and appropriate. Consequently, the Commission approved the agreement and ordered its registration as a registered agreement under the Fair Work Act 2009.

Victoria Walks Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established