Zoological Parks and Gardens Board T/A Zoos Victoria

[2022] FWCA 1982

[2022] FWCA 1982

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Zoological Parks and Gardens Board T/A Zoos Victoria

(AG2022/1718)

Zoos Victoria Keepers, Veterinary Nurses, Horticulturists, and Groundstaff Union Collective Agreement 2022

Animal care and veterinary services
DEPUTY PRESIDENT BOYCE	SYDNEY, 17 JUNE 2022

Application for approval of the Zoos Victoria Keepers, Veterinary Nurses, Horticulturists and Groundstaff Union Collective Agreement 2022

1. An application has been made for approval of an enterprise agreement to be known as the Zoos Victoria Keepers, Veterinary Nurses, Horticulturists, and Groundstaff Union Collective Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Application by Zoological Parks and Gardens Board T/A Zoos Victoria (Employer). The Agreement is a single enterprise agreement.

Undertakings

1. The Employer has provided written undertakings dated 16 June 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the State Government Agencies Award 2020, and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

1. The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), and The United Workers’ Union (UWU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

Model flexibility term

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Conclusion

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2022. The nominal expiry date of the Agreement is 28 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A