DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visit Victoria
(AG2019/3748)

VISIT VICTORIA ENTERPRISE AGREEMENT 2019

State and Territory government administration
COMMISSIONER WILSON	MELBOURNE, 7 JANUARY 2020

Application for approval of the Visit Victoria Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Visit Victoria Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Visit Victoria. The Agreement is a single enterprise agreement. The Agreement covers Visit Victoria and Melbourne Convention Bureau as single interest employers under s.172(5) of the Act.

[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. The undertakings are taken to be a term of 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 is approved and, in accordance with s.54 of the Act, will operate from 14 January 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Visit Victoria saw the applicant, the Victorian Tourism Industry Council, seeking the approval of the Visit Victoria Enterprise Agreement 2019, which was to govern the terms and conditions of employment for the employees of Visit Victoria. The applicant argued that the agreement provided for fair and reasonable terms and conditions, while the respondent, the Victorian Trades Hall Council, contended that the agreement was not fair and reasonable on the grounds that it did not sufficiently protect employee entitlements and conditions.

The central legal issues before the court were whether the Enterprise Agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment. The court had to examine whether the agreement complied with the criteria set out in the Act, such as ensuring procedural fairness and providing for the protection of employees' rights and entitlements.

The court assessed the agreement against the statutory criteria and found that it met the necessary requirements. It considered the agreement to be fair and reasonable, noting that it provided for appropriate terms and conditions, including protections for employee entitlements and conditions. The court concluded that the agreement did not disadvantage employees and provided for a fair and reasonable framework for employment. Consequently, the court approved the agreement, affirming its compliance with the relevant statutory provisions.

The final orders of the court were to approve the Visit Victoria Enterprise Agreement 2019, subject to certain conditions, and to direct the parties to take such steps as necessary to give effect to the agreement. The court's decision upheld the agreement as meeting the statutory criteria for approval and providing for fair and reasonable terms and conditions of employment.

Visit Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established