DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian WorkCover Authority T/A WorkSafe Victoria
(AG2017/1092)

VICTORIAN WORKCOVER AUTHORITY ENTERPRISE AGREEMENT 2016-2020

State and Territory government administration
COMMISSIONER CIRKOVIC	MELBOURNE, 21 JUNE 2017

Application for approval of the Victorian WorkCover Authority Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Workcover Authority Enterprise Agreement 2016-2020 (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 T/A WorkSafe Victoria. The Agreement is a single enterprise agreement.

[2] The Applicant 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 referred to above, 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 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.

[5] The Agreement was approved on 21 June 2017 and, in accordance with s.54, will operate from 28 June 2017. The nominal expiry date of the Agreement is 30 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Victorian WorkCover Authority T/A WorkSafe Victoria applied for approval of the Enterprise Agreement 2016-2020. The application was made under section 229 of the Fair Work Act 2009 (Cth). The dispute involved the terms of the agreement, which was proposed between WorkSafe Victoria and its employees as represented by the Public Sector Union.

The court had to decide whether the agreement met the criteria for registration as a lawful agreement under the Fair Work Act 2009 (Cth). This involved examining the agreement's compliance with the Act's requirements, including whether it facilitated the efficient operation of the workplace and promoted economic prosperity. The court also considered the process by which the agreement was made, ensuring it was genuine and free from coercion, duress or improper conduct.

The court found that the agreement was lawful and met the necessary criteria for registration. The agreement was found to be genuinely agreed upon by both parties and was not made under duress or improper conduct. The court also found that the agreement facilitated the efficient operation of the workplace and promoted economic prosperity. The court was satisfied that the agreement was fair and reasonable, taking into account the interests of both parties.

The court approved the agreement and registered it under section 230 of the Fair Work Act 2009 (Cth). The agreement was registered as the Victorian WorkCover Authority T/A WorkSafe Victoria Enterprise Agreement 2016-2020. The registration was effective from the date of the court's approval and will remain in force until the end of the agreement's term, or until it is terminated or replaced by a new agreement.

Victorian WorkCover Authority T/A WorkSafe Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established