Zoological Parks & Gardens Board T/A Zoos Victoria

[2022] FWC 3076

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Zoological Parks & Gardens Board T/A Zoos Victoria

(AG2022/4472)

Zoos Victoria Salaried Staff Agreement 2022

Tourism industry
COMMISSIONER WILSON	MELBOURNE, 18 NOVEMBER 2022

Application for approval of the Zoos Victoria Salaried Staff Agreement 2022

An application has been made for approval of an enterprise agreement known as the Zoos Victoria Salaried Staff Agreement 2022 (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 & Gardens Board T/A Zoos Victoria. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2022. The nominal expiry date of the Agreement is 1 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of the Zoological Parks & Gardens Board trading as Zoos Victoria, the central issue revolved around the approval of the Zoos Victoria Salaried Staff Agreement 2022. The Fair Work Commission was tasked with determining whether this new agreement, which contained various provisions regarding remuneration, conditions of employment, and other employment-related matters, met the requirements for approval under the Fair Work Act 2009. The Commission's decision was pivotal as it would set the terms of employment for the salaried staff at Zoos Victoria for the specified period.

The legal issues before the Commission included assessing whether the agreement provided for appropriate minimum rates of pay and conditions, ensuring that it did not undermine the safety and health of employees, and confirming that it was consistent with broader industrial principles. The Commission had to ensure that the agreement balanced the interests of both the employer and the employees, in accordance with the overarching objectives of the Fair Work Act. Furthermore, the Commission needed to consider whether the agreement was negotiated in good faith and whether it complied with the procedural requirements set out in the legislation.

The Fair Work Commission concluded that the Zoos Victoria Salaried Staff Agreement 2022 met the necessary criteria for approval. The Commission found that the agreement provided for fair and reasonable remuneration and conditions, taking into account the unique operational context of Zoos Victoria. The provisions were deemed to adequately protect the health and safety of employees and were consistent with the broader industrial framework. The Commission determined that the agreement was negotiated in good faith and complied with all procedural requirements. Consequently, the Commission approved the agreement, allowing it to come into effect as per the stipulated terms.

The final orders of the Commission included the approval of the Zoos Victoria Salaried Staff Agreement 2022, effective from the date specified in the agreement. The Commission mandated that the agreement be implemented in accordance with its terms, ensuring that the provisions were adhered to by both the employer and the employees. The approval was subject to the conditions that any future disputes arising from the agreement would be subject to the procedures outlined in the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established