DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zoological Parks and Gardens Board T/A Zoos Victoria
(AG2018/6228)

ZOOS VICTORIA SALARIED STAFF AGREEMENT 2018

State and Territory government administration
COMMISSIONER WILSON	MELBOURNE, 14 MAY 2019

Application for approval of the Zoos Victoria Salaried Staff Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Zoos Victoria Salaried Staff Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Zoological Parks and Gardens Board T/A Zoos Victoria. The Agreement is a single enterprise agreement.

[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.

[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] 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.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2019. The nominal expiry date of the Agreement is 1 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Zoos Victoria for approval of the Zoos Victoria Salaried Staff Agreement 2018. The application was brought under the Fair Work Act 2009, and the Commission was required to determine whether the agreement met the criteria for approval. The dispute centred on the terms and conditions of employment for salaried staff at Zoos Victoria, including matters such as wages, working hours, leave entitlements, and other employment-related provisions.

The central legal issues before the Commission included whether the agreement was genuinely negotiated and whether it met the statutory requirements for approval. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations 2009. Additionally, the Commission examined whether the agreement appropriately balanced the interests of both employers and employees, particularly in light of the unique nature of the zoo industry and the specific requirements of the workplace.

The Commission found that the agreement met the necessary criteria for approval. The terms and conditions of employment were deemed to be fair and reasonable, taking into account the particularities of the zoo industry. The Commission was satisfied that the agreement had been genuinely negotiated between the parties and that it provided for a balanced approach to the interests of both employers and employees. The Commission also noted that the agreement included provisions that addressed key employment-related matters such as wages, working hours, leave entitlements, and dispute resolution mechanisms. The approval of the agreement was granted, and it was registered with the Fair Work Commission.

The final orders included the registration of the Zoos Victoria Salaried Staff Agreement 2018, which was to be effective from the date of the Commission's decision. The agreement would govern the terms and conditions of employment for the relevant salaried staff at Zoos Victoria, providing a framework for fair and reasonable workplace practices. The decision concluded that the agreement met all statutory requirements for approval and was in the best interests of both employers and employees.

Zoological Parks and Gardens Board T/A Zoos Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established