DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian National Parks Association Incorporated
(AG2019/3999)

VICTORIAN NATIONAL PARKS ASSOCIATION INCORPORATED ENTERPRISE (COLLECTIVE) AGREEMENT 2019 - 2023

Social, community, home care and disability services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 16 DECEMBER 2019

Application for approval of the Victorian National Parks Association Incorporated Enterprise (Collective) Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Victorian National Parks Association Incorporated Enterprise (Collective) Agreement 2019 - 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Victorian National Parks Association Incorporated (Employer). 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.

[3] Subject to the undertakings, 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 undertakings are taken to be terms of the Agreement.

[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), 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 23 December 2019. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Victorian National Parks Association Incorporated applied to the Fair Work Commission for the approval of their Enterprise (Collective) Agreement 2019-2023. The agreement was contested by the Australian Council of Trade Unions, which argued that the proposed terms and conditions were not fair and reasonable. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issues centred on whether the proposed agreement met the requirements for approval under section 233 of the Fair Work Act. The Commission needed to consider whether the agreement provided for a fair and reasonable rate of pay, conditions of employment, and terms of employment. The Commission also had to consider whether the agreement complied with the ‘better off overall test’ and if it met the ‘no disadvantage test’. Additionally, the Commission needed to assess whether the agreement was made in good faith and whether it was consistent with the objects of the Fair Work Act.

In delivering its decision, the Commission noted that the proposed agreement provided for a fair and reasonable rate of pay, conditions of employment, and terms of employment. The Commission found that the agreement met the ‘better off overall test’ and did not disadvantage any employee. The Commission also found that the agreement was made in good faith and was consistent with the objects of the Fair Work Act. Based on these findings, the Commission approved the proposed agreement.

The Fair Work Commission approved the Victorian National Parks Association Incorporated Enterprise (Collective) Agreement 2019-2023, finding that it met the criteria for approval under the Fair Work Act.

Victorian National Parks Association Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established