DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Building Authority
(AG2021/5826)

VICTORIAN BUILDING AUTHORITY ENTERPRISE AGREEMENT 2020

State and Territory government administration
COMMISSIONER WILSON	MELBOURNE, 12 JULY 2021

Application for approval of the Victorian Building Authority Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Building Authority Enterprise 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 Victorian Building Authority. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 19 July 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 case before the Fair Work Commission involved an application by the Victorian Building Authority (VBA) for approval of the VBA Enterprise Agreement 2020. The agreement in question was submitted to the Commission by the VBA, as it was necessary for the agreement to be approved by the Commission to be legally binding. The dispute arose from the VBA's assertion that the agreement was necessary to ensure compliance with the Fair Work Act 2009, and to provide a fair and efficient framework for the employment of VBA employees. The VBA argued that the agreement was in the public interest and should be approved by the Commission.

The central legal issues before the Commission were whether the agreement was in the public interest, and whether it provided for fair and efficient terms and conditions of employment for VBA employees. The Commission had to consider whether the agreement met the criteria for approval under section 234 of the Fair Work Act 2009, which requires that an agreement be in the public interest, provide for fair and efficient terms and conditions of employment, and not discriminate against employees. The Commission also had to consider whether the agreement complied with relevant minimum standards, such as the national minimum wage and leave entitlements.

In its decision, the Commission found that the VBA Enterprise Agreement 2020 met the criteria for approval under section 234 of the Fair Work Act 2009. The Commission found that the agreement provided for fair and efficient terms and conditions of employment for VBA employees, and that it was in the public interest. The Commission also found that the agreement complied with relevant minimum standards, and did not discriminate against employees. The Commission approved the VBA Enterprise Agreement 2020, and it became legally binding on VBA employees from 1 July 2020.

The Commission made orders approving the VBA Enterprise Agreement 2020, and declaring it to be in the public interest and to provide for fair and efficient terms and conditions of employment. The orders also declared that the agreement complied with relevant minimum standards, and did not discriminate against employees. The VBA was authorised to take all necessary steps to give effect to the approved agreement.

Victorian Building Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established