Zoological Parks & Gardens Board T/A Zoos Victoria

[2022] FWCA 4071

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-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

The case involved Zoos Victoria, represented by its salaried staff, and the Fair Work Commission. The issue at hand was whether to approve the proposed Salaried Staff Agreement 2022, which outlined terms and conditions for the employees of Zoos Victoria. The Commission was tasked with ensuring the agreement complied with the Fair Work Act 2009, focusing on aspects such as pay rates, conditions of employment, and other related matters.

The legal issues required resolution centred on whether the proposed agreement provided fair and reasonable terms for the employees. The Commission had to consider if the agreement met the standards set forth in the Fair Work Act, particularly whether it complied with minimum wage standards, provided equitable terms, and was free from unfair discrimination. Additionally, the Commission needed to assess if the agreement appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission found that the proposed agreement met the statutory requirements under the Fair Work Act. The Commission was satisfied that the agreement provided fair and reasonable terms and conditions for the employees, including appropriate wage rates and working conditions. Furthermore, the Commission concluded that the agreement did not unfairly discriminate against any group of employees and appropriately balanced the interests of both the employer and employees. Consequently, the Commission approved the Salaried Staff Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established