DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACT Government as represented by the Chief Minister, Treasury and Economic Development Directorate
(AG2014/10411)

ACT PUBLIC SECTOR INFRASTRUCTURE SERVICES ENTERPRISE AGREEMENT 2013-2017

Australian Capital Territory
DEPUTY PRESIDENT SMITH	MELBOURNE, 14 JANUARY 2015

Application for approval of the ACT Public Sector Infrastructure Services Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the ACT Public Sector Infrastructure Services 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union, Branch of the Australian Services Union, the Construction, Forestry, Mining and Energy Union, the Transport Workers’ Union of Australia, the United Voice and the Australian Workers’ 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 21 January 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

The ACT Government, as represented by the Chief Minister, Treasury and Economic Development Directorate, was a party to an application for the approval of the ACT Public Sector Infrastructure Services Enterprise Agreement 2013-2017. The matter was heard in the Fair Work Commission, which was tasked with assessing whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The primary dispute centred around the provisions of the agreement, specifically whether it complied with the legal standards required for public sector enterprise agreements.

The court had to decide if the agreement was bona fide, meaning it was genuinely intended to be an enterprise agreement, and if it was appropriately negotiated and contained the necessary provisions as stipulated by the Fair Work Act. The key issues included whether the agreement was negotiated in good faith, whether it provided for the appropriate matters, and if it adhered to the procedural fairness principles. Additionally, the court had to examine the process by which the agreement was reached and if the parties had complied with any relevant legislative requirements.

In delivering the decision, the Fair Work Commission carefully reviewed the negotiation process and the content of the agreement. The court found that the agreement was indeed negotiated in good faith and included all the necessary provisions as required by the Fair Work Act. The Commission concluded that the agreement was bona fide and appropriately negotiated, and therefore approved the application for the agreement. The decision underscored the importance of compliance with the legislative framework governing public sector enterprise agreements.

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