DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zoological Parks and Gardens Board T/A Zoos Victoria
(AG2016/3526)

ZOOS VICTORIA KEEPERS, VETERINARY NURSES, HORTICULTURISTS, AND GROUNDSTAFF UNION COLLECTIVE AGREEMENT 2015

State and Territory government administration
COMMISSIONER ROE	MELBOURNE, 29 JUNE 2016

Application for approval of the Zoos Victoria Keepers, Veterinary Nurses, Horticulturists, and Groundstaff Union Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Zoos Victoria Keepers, Veterinary Nurses, Horticulturists, and Groundstaff Union Collective 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Mining and Energy Union and United Voice, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 29 June 2016 and, in accordance with s.54, will operate from 6 July 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 approval of the Zoos Victoria Keepers, Veterinary Nurses, Horticulturists, and Groundstaff Union Collective Agreement 2015. The applicants sought to have the agreement registered under the Fair Work Act 2009. The legal issues centred on whether the agreement complied with the statutory requirements of the Fair Work Act, including provisions concerning the negotiation process and the content of the agreement.

The Commission examined whether the agreement had been negotiated in good faith and whether it contained permissible terms and conditions. The applicants argued that the agreement had been negotiated fairly, with proper consultation and representation of the employees' interests. The Commission assessed the evidence presented regarding the negotiation process and the content of the agreement, including the terms related to wages, conditions of employment, and dispute resolution mechanisms. The Commission also considered submissions from the parties and relevant legal principles.

In its decision, the Commission found that the agreement had been negotiated in good faith and that the terms were generally permissible under the Fair Work Act. The Commission approved the application and registered the collective agreement. The decision highlighted the importance of ensuring that collective agreements meet the statutory requirements for negotiation and content, while also protecting the interests of both employers and employees.

The Commission ordered that the Zoos Victoria Keepers, Veterinary Nurses, Horticulturists, and Groundstaff Union Collective Agreement 2015 be registered, effective from the date of the decision. This registration ensures that the terms of the agreement are legally enforceable and provides a framework for the employment relationship between Zoos Victoria and the relevant union members.

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