DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACT Government as represented by the Chief Minister, Treasury and Economic Development Directorate
(AG2014/10362)

ACT PUBLIC SECTOR TECHNICAL AND OTHER PROFESSIONAL ENTERPRISE AGREEMENT 2013-2017

Australian Capital Territory
DEPUTY PRESIDENT SMITH	MELBOURNE, 27 JANUARY 2015

Application for approval of the ACT Public Sector Technical and Other Professional Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the ACT Public Sector Technical and Other Professional 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] The employer has provided undertakings pursuant to s.190 of the Act. I am satisfied that the undertakings meet my concerns. The undertakings are attached to this decision at Attachment A, and are taken to form part of the Agreement.

[3] 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.

[4] The Australian Workers’ Union, The Association of Professional Engineers, Scientists and Managers, Australia, Construction, Forestry, Mining and Energy Union, the Community and Public Sector Union, Health Services Union of Australia and The New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union, Branch of the Australian Services Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

In the matter of the ACT Government, represented by the Chief Minister and the Treasury and Economic Development Directorate, the court was presented with an application for the approval of the ACT Public Sector Technical and Other Professional Enterprise Agreement 2013-2017. The application was made by the respondents who sought to have the agreement approved under the relevant legislative framework. The dispute centred on whether the agreement complied with the statutory requirements and whether it was fair and reasonable in the circumstances.

The legal issues before the court included the interpretation and application of statutory provisions that govern the approval of enterprise agreements within the public sector. The court was required to assess whether the agreement met the criteria for approval, which included ensuring that it did not undermine public policy objectives or result in unreasonable financial implications for the government. Additionally, the court needed to consider whether the agreement was consistent with the principles of good faith bargaining and whether it provided for fair and reasonable terms and conditions for the employees.

The court carefully reviewed the agreement and the submissions made by both parties. It determined that the agreement complied with the statutory requirements and was fair and reasonable. The court found that the agreement did not conflict with any public policy objectives and did not impose unreasonable financial burdens on the government. Furthermore, the court was satisfied that the agreement was the product of good faith bargaining and provided for fair and reasonable terms and conditions for the employees. Consequently, the court approved the agreement.

The final orders of the court were that the ACT Public Sector Technical and Other Professional Enterprise Agreement 2013-2017 be approved, thereby providing legal certainty and stability to the terms and conditions of employment for the affected employees.

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

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established