Zoological Parks and Gardens Board T/A Zoos Victoria

[2013] FWCA 748

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Zoological Parks and Gardens Board T/A Zoos Victoria
(AG2013/4477)

THE ZOOS VICTORIA SALARIED STAFF AGREEMENT 2012 - 2015

State and Territory government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 1 FEBRUARY 2013

Application for approval of The Zoos Victoria Salaried Staff Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as The Zoos Victoria Salaried Staff Agreement 2012 - 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 trading as 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Zoological Parks and Gardens Board trading as Zoos Victoria, sought approval of a proposed agreement governing the terms and conditions of employment of its salaried staff for the period 2012 to 2015. The application was heard by the Fair Work Commission, with Deputy President P. A. Richardson presiding. The primary issue before the Commission was whether the proposed agreement complied with the relevant legislative framework and whether it met the necessary standards for approval.

The Fair Work Commission needed to determine if the agreement was consistent with the Fair Work Act 2009 and its regulations. Specifically, the Commission had to assess whether the agreement provided adequate protections for employees, complied with the statutory minimum entitlements, and was free from any terms that would have an adverse effect on the employees. Additionally, the Commission considered whether the agreement was the product of genuine bargaining between the employer and the employees, and if it was made in good faith.

In examining the application, the Commission took into account the submissions from both the applicant and the registered union, the Australian Services Union. The Commission found that the agreement was largely consistent with the legislative requirements and did not contain any terms that would be detrimental to the employees. The Commission also noted that the agreement was the result of genuine bargaining efforts and was made in good faith. Consequently, the Commission approved the application and authorised the agreement to take effect from 1 July 2012, subject to the terms and conditions specified in the order.

The Fair Work Commission approved the proposed agreement, subject to certain conditions, and directed that the agreement be registered with the Fair Work Commission. The order also provided for the agreement to be binding on the parties from 1 July 2012.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established