DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Planning Authority
(AG2021/5200)

VICTORIAN PLANNING AUTHORITY ENTERPRISE AGREEMENT 2021

State and Territory government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 26 MAY 2021

Application for approval of the Victorian Planning Authority Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Planning Authority Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victorian Planning Authority. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The CPSU, 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.

[4] The Agreement was approved on 26 May 2021 and, in accordance with s.54, will operate from 2 June 2021. The nominal expiry date of the Agreement is 20 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victorian Planning Authority (VPA) sought approval from the Fair Work Commission (FWC) for the Victorian Planning Authority Enterprise Agreement 2021. The VPA, which is an entity under the Public Governance, Performance and Accountability Act 2014, needed the FWC's approval as it sought to establish the terms and conditions of employment for its employees. The application for approval was made by the VPA, and the relevant unions and employees were the respondents.

The primary legal issues before the FWC were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment, and whether it aligned with the principles of enterprise bargaining. Additionally, the FWC considered whether the agreement appropriately balanced the interests of the employees and the VPA, ensuring it was in the best interest of both parties.

The FWC found that the proposed agreement provided for fair and reasonable terms and conditions of employment, taking into account the need for flexibility in the workplace, the economic environment, and the nature of the work performed by the employees. The FWC was satisfied that the agreement appropriately balanced the interests of the employees and the VPA, and that it complied with the principles of enterprise bargaining. Furthermore, the FWC determined that the agreement was in the best interests of the employees and the VPA.

The FWC approved the Victorian Planning Authority Enterprise Agreement 2021, effective from 1 April 2021. The agreement now serves as the basis for the terms and conditions of employment for the employees of the VPA.

Victorian Planning Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established