DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zoological Parks and Gardens Board T/A Zoos Victoria
(AG2016/3396)

ZOOS VICTORIA SALARIED STAFF AGREEMENT 2015

State and Territory government administration
COMMISSIONER LEE	MELBOURNE, 28 JULY 2016

Application for approval of the Zoos Victoria Salaried Staff Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Zoos Victoria Salaried Staff Agreement 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[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 4 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Zoos Victoria for the approval of the Zoos Victoria Salaried Staff Agreement 2015. The applicant sought to have the agreement approved as a safety net agreement under the Fair Work Act 2009. The respondents, who included various unions representing employees of Zoos Victoria, opposed the application, arguing that the agreement did not meet the criteria for safety net approval. The dispute centred on whether the proposed agreement provided adequate protections for employees, particularly in relation to wages, conditions, and dispute resolution mechanisms.

The legal issues the court was required to decide included whether the agreement provided for fair and reasonable terms and conditions of employment, whether it met the safety net criteria set out in the Fair Work Act, and whether the agreement appropriately balanced the interests of both employers and employees. The court had to carefully consider the provisions of the proposed agreement, the evidence presented by both parties, and relevant legislative and regulatory frameworks.

In its decision, the Fair Work Commission found that the proposed agreement met the safety net criteria and provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement provided for a comprehensive set of terms and conditions that were consistent with, or better than, the relevant award provisions. The Commission also found that the agreement included appropriate mechanisms for the resolution of disputes and provided for adequate protections for employees. The court concluded that the proposed agreement was in the best interests of the employees and the employer, and therefore approved the application for the agreement to be registered as a safety net agreement.

The final orders of the Fair Work Commission were that the Zoos Victoria Salaried Staff Agreement 2015 be approved as a safety net agreement under the Fair Work Act. The agreement was to be registered and would apply to all employees covered by the agreement. The Commission also ordered that the agreement be published in the Federal Register of Legislation and that copies be provided to the parties and the Fair Work Ombudsman.

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