DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACT Government as represented by the Chief Minister, Treasury and Economic Development Directorate
(AG2014/10381)

ACT LEGISLATIVE ASSEMBLY MEMBERS’ STAFF ENTERPRISE AGREEMENT 2013-2017

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 18 MAY 2015

Application for approval of the ACT Legislative Assembly Members’ Staff Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the ACT Legislative Assembly Members’ Staff Enterprise Agreement 2013-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the ACT Government as represented by the Chief Minister, Treasury and Economic Development Directorate. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The CPSU, the Community and Public Sector Union and the Media, Entertainment and Arts Alliance, 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) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 May 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The ACT Government as represented by the Chief Minister, Treasury and Economic Development Directorate sought approval of the ACT Legislative Assembly Members’ Staff Enterprise Agreement 2013-2017. The application was lodged with the Fair Work Commission (FWC). The nature of the dispute involved whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The FWC was required to determine if the agreement was fair and reasonable, taking into account various factors including the balance of workplace rights and obligations, the promotion of workplace participation, and the need to avoid workplace disharmony.

The primary legal issue before the FWC was whether the proposed agreement was fair and reasonable in all its terms. This required the FWC to consider the extent to which the agreement balanced the interests of employees and employers, promoted workplace participation, and avoided workplace disharmony. The FWC had to assess if the agreement's terms were consistent with the objects of the Fair Work Act, particularly in ensuring fairness and maintaining industrial peace.

The FWC found that the proposed agreement was fair and reasonable in all its terms. It determined that the agreement balanced the interests of the employees and employers, promoted workplace participation, and avoided workplace disharmony. The FWC emphasised that the agreement provided for appropriate protections for employees while allowing for necessary flexibility for employers. The FWC also noted that the agreement did not unduly restrict the ability of employers to manage their business effectively.

The FWC approved the ACT Legislative Assembly Members’ Staff Enterprise Agreement 2013-2017, effective from 1 July 2013 to 30 June 2017. The decision was based on the conclusion that the agreement met the statutory criteria for approval and was fair and reasonable in all its terms.

ACT Government as represented by the Chief Minister, Treasury and Economic Development Directorate

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established