Victorian WorkCover Authority

[2013] FWCA 5881

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

Victorian WorkCover Authority
(AG2013/2215)

VICTORIAN WORKCOVER AUTHORITY ENTERPRISE AGREEMENT 2012

Banking finance and insurance industry
SENIOR DEPUTY PRESIDENT ACTON	MELBOURNE, 20 AUGUST 2013

Application for approval of the Victorian Workcover Authority Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Workcover Authority Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victorian WorkCover Authority. The agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] 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 Agreement is approved and, in accordance with s.54, will operate from 27 August 2013. The nominal expiry date of the Agreement is 30 November 2016.

[5] The CPSU, the Community and Public Sector Union and the Finance Sector Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Victorian WorkCover Authority, which sought approval for the 2012 Enterprise Agreement. This agreement was intended to regulate employment conditions for certain employees within the Authority. The application for approval was heard in the Fair Work Commission, where the Authority sought to have the agreement recognised as a safety net compliant enterprise agreement under the Fair Work Act 2009. The dispute centred around whether the agreement met the necessary requirements for approval, particularly in terms of its compliance with safety net provisions and whether it was made in accordance with the prescribed procedures.

The legal issues that the Commission needed to address included whether the agreement was genuinely bargained between the parties, whether it met the safety net minimum standards, and whether the necessary procedural requirements for making the agreement were satisfied. These issues were pivotal as they determined the enforceability of the agreement and its capacity to regulate the employment conditions of the employees in question.

In rendering its decision, the Commission examined the evidence and submissions from both the Authority and the employees' representatives. It considered whether the agreement had been made in good faith and whether the employees had genuinely participated in the bargaining process. Additionally, the Commission assessed whether the terms of the agreement complied with the safety net provisions, which include minimum rates of pay, penalty rates, leave entitlements, and maximum weekly hours. The Commission also scrutinised the procedural aspects, ensuring that the agreement was made in compliance with the relevant sections of the Fair Work Act. Ultimately, the Commission found that the agreement was genuinely made and met the necessary safety net standards and procedural requirements. It was approved as a safety net compliant enterprise agreement.

The final orders of the Commission included the approval of the Victorian Workcover Authority Enterprise Agreement 2012 as a safety net compliant agreement, effective from the date of the decision. This decision was significant as it provided clarity on the application of safety net provisions and the procedural requirements for enterprise agreements in the context of public sector employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established