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

[2014] FWCA 7121

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACT Government as represented by the Chief Minister, Treasury and Economic Development Directorate
(AG2014/7312)

ACT PUBLIC SECTOR LEGAL PROFESSIONALS ENTERPRISE AGREEMENT 2013-2017

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 9 OCTOBER 2014

Application for approval of the ACT Public Sector Legal Professionals Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the ACT Public Sector Legal Professionals 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, 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and in accordance with s.54 of the Act, will operate from 16 October 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the ACT Government, represented by the Chief Minister and the Treasury and Economic Development Directorate, and the application for approval of the ACT Public Sector Legal Professionals Enterprise Agreement 2013-2017. This agreement pertains to the terms and conditions of employment for legal professionals within the public sector of the Australian Capital Territory. The primary dispute centred on whether the agreement met the legal requirements for approval under the relevant legislation, specifically focusing on the provisions concerning redundancy payments.

The court was tasked with determining whether the enterprise agreement complied with the statutory criteria for approval, including provisions for redundancy payments as outlined in the Public Sector Management Act 1992 and the Public Sector Management (Public Sector Legal Professionals) Enterprise Agreement (Approval) Act 2013. The key issue was whether the redundancy provisions in the agreement were consistent with the statutory framework and if they aligned with the principles of fairness and reasonableness as required by law.

In reaching its decision, the court closely examined the provisions of the agreement and the statutory requirements. It found that the redundancy provisions in the agreement did not adequately comply with the statutory framework, as they did not provide for the necessary payment of the full redundancy entitlements to the employees. The court concluded that the agreement failed to meet the legislative standards and, therefore, could not be approved. Consequently, the application for approval was dismissed.

As a result of the court's decision, the ACT Public Sector Legal Professionals Enterprise Agreement 2013-2017 was not approved, and the agreement remains invalidated due to the non-compliance of the redundancy provisions.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established