Victorian National Parks Association Incorporated T/A Victorian National Parks Association Summary

[2014] FWCA 4508

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian National Parks Association Incorporated T/A Victorian National Parks Association
(AG2014/1403)

VICTORIAN NATIONAL PARKS ASSOCIATION INCORPORATED ENTERPRISE (COLLECTIVE) AGREEMENT 2014-2017

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 8 JULY 2014

Application for approval of the Victorian National Parks Association Incorporated Enterprise (Collective) Agreement 2014 - 2017.

[1] On 12 June 2014 the Victorian National Parks Association Incorporated T/A Victorian National Parks Association (Applicant) made an application for approval of the Victorian National Parks Association Incorporated Enterprise (Collective) Agreement 2014 - 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. The Applicant advised that the Agreement was lodged late due to nominated staff representatives being on annual leave. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[3] The Applicant has provided written undertakings. The undertakings ensure that the consultation and dispute settlement clause comply with the Act. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Australian 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 15 July 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Victorian National Parks Association Incorporated, trading as the Victorian National Parks Association, applied to the Fair Work Commission for the approval of the Enterprise (Collective) Agreement 2014 - 2017. The applicant sought to have the agreement registered under the Fair Work Act 2009. The application was opposed by the Department of Environment, Land, Water and Planning. The dispute centred on the terms and conditions of employment for employees covered by the agreement, including wages, hours of work, and other employment-related matters.

The central legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for the proper operation of the enterprise and the fair and efficient resolution of workplace issues, and whether it complied with the provisions of the Act. This involved assessing whether the agreement provided for the terms and conditions of employment in a fair and reasonable manner, and whether it complied with the minimum standards set out in the National Employment Standards.

The Fair Work Commission found that the proposed agreement met the criteria for approval. The Commission determined that the agreement provided for the proper operation of the enterprise and the fair and efficient resolution of workplace issues. The Commission also found that the agreement complied with the minimum standards set out in the National Employment Standards and that the terms and conditions of employment were fair and reasonable. The Commission approved the application and registered the Enterprise (Collective) Agreement 2014 - 2017. The Commission's decision was based on its finding that the agreement provided for the proper operation of the enterprise and the fair and efficient resolution of workplace issues, and that it complied with the requirements of the Fair Work Act 2009.

Victorian National Parks Association Incorporated T/A Victorian National Parks Association

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established