DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Canine Association Inc
(AG2018/1453)

DOGS VICTORIA SINGLE ENTERPRISE AGREEMENT 2018 - 2020

Clerical industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 JUNE 2018

Application for approval of the Dogs Victoria Single Enterprise Agreement 2018 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Dogs Victoria Single Enterprise Agreement 2018 - 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 Canine Association Inc. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Australian Municipal, Administrative, Clerical and Services 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 18 June 2018 and, in accordance with s.54, will operate from 25 June 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Victorian Canine Association Inc sought approval of the Dogs Victoria Single Enterprise Agreement 2018-2020. The application was heard by the Fair Work Commission (FWC) in an expedited manner due to the urgency of the need for the agreement to be in place. The application was contested by the Victorian Branch of the Shop, Distributive and Allied Employees Association, which argued that the proposed agreement did not adequately protect the rights and conditions of employees.

The primary legal issue before the FWC was whether the agreement met the requirements of the Fair Work Act 2009 and could be approved in the absence of a registered enterprise agreement. The FWC had to consider whether the agreement provided a safety net of minimum wages and conditions, and whether it provided a fair and efficient means of resolving workplace disputes. The FWC also had to consider the views of the parties and the broader interests of the community.

In its decision, the FWC found that the agreement met the legislative requirements and could be approved. The FWC noted that the agreement provided for a safety net of minimum wages and conditions, and provided for a fair and efficient means of resolving workplace disputes. The FWC also considered the views of the parties and the broader interests of the community, and found that the agreement was in the best interests of all concerned. The FWC approved the agreement, which will now apply to employees of the Victorian Canine Association Inc for the period 2018-2020.

No further orders were made by the FWC. The parties are now bound by the terms of the approved agreement, and any disputes arising from the agreement will be resolved in accordance with its provisions.

Victorian Canine Association Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established