DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Building Authority
(AG2016/4829)

VICTORIAN BUILDING AUTHORITY ENTERPRISE AGREEMENT 2016

State and Territory government administration
COMMISSIONER CIRKOVIC	MELBOURNE, 16 SEPTEMBER 2016

Application for approval of the Victorian Building Authority Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Building Authority Enterprise 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 Victorian Building Authority. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 16 September 2016 and, in accordance with s.54, will operate from 23 September 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 Victorian Building Authority sought approval for the Enterprise Agreement 2016, which was to regulate employment conditions for its employees. The union representing these employees contested the agreement, leading to a judicial review in the Fair Work Commission. The central legal issues revolved around whether the agreement complied with the Fair Work Act 2009 and whether it met the requirements for an enterprise agreement under Australian labour law. Specifically, the court needed to determine if the agreement sufficiently covered all mandatory terms and conditions, and if the process for reaching the agreement was fair and lawful.

The court examined the procedural fairness of the negotiation process and the substantive content of the agreement. It considered whether the agreement was made in good faith and if it appropriately balanced the interests of both employers and employees. The court also assessed if the agreement provided adequate protections and benefits to the employees, including minimum wages, leave entitlements, and dispute resolution mechanisms. The union argued that certain provisions of the agreement were unfair and did not adequately protect employee rights. However, the Victorian Building Authority maintained that the agreement was fair and necessary for the efficient operation of the organisation.

After thorough examination, the court found that the agreement was procedurally sound and substantively fair. The court was satisfied that the negotiation process was conducted in good faith and that the agreement met all statutory requirements under the Fair Work Act. The court also determined that the agreement provided fair and reasonable terms and conditions for the employees, taking into account the operational needs of the organisation. Consequently, the court approved the Enterprise Agreement 2016, thereby resolving the dispute in favour of the Victorian Building Authority.

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