Victorian National Parks Association Inc

[2024] FWCA 4482

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victorian National Parks Association Inc

(AG2024/4668)

VICTORIAN NATIONAL PARKS ASSOCIATION INCORPORATED ENTERPRISE (COLLECTIVE) AGREEMENT 2024 –2028

Industries not otherwise assigned
COMMISSIONER YILMAZ	MELBOURNE, 13 DECEMBER 2024

Application for approval of the Victorian National Parks Association Incorporated Enterprise (Collective) Agreement 2024 –2028

An application has been made for approval of an enterprise agreement known as the Victorian National Parks Association Incorporated Enterprise (Collective) Agreement 2024 –2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victorian National Parks Association Inc. The Agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 20 December 2024. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Victorian National Parks Association Incorporated seeking approval of their enterprise agreement for the period 2024 to 2028. The agreement was submitted for approval under the Fair Work Act 2009, and the application was made to the Fair Work Commission. The nature of the dispute centred on whether the proposed agreement met the legal requirements for approval, including its compliance with the relevant provisions of the Fair Work Act.

The central legal issues addressed by the Fair Work Commission included the fairness of the agreement, its compliance with the procedural requirements, and whether the agreement was made in good faith. Additionally, the Commission had to consider whether the agreement contained appropriate provisions for employee representation, dispute resolution, and other matters stipulated by the Fair Work Act.

In its reasoning, the Commission examined the proposed agreement against the statutory requirements and found that it was consistent with the principles of fairness and good faith. The Commission also noted that the agreement provided adequate provisions for employee representation and dispute resolution mechanisms. As the agreement met all the necessary criteria, the Commission approved the application and confirmed the validity of the enterprise agreement. The final orders confirmed the approval of the Victorian National Parks Association Incorporated Enterprise (Collective) Agreement 2024–2028.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established