ACT Government as represented by the Office of the Legislative Assembly

[2014] FWCA 3232

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACT Government as represented by the Office of the Legislative Assembly
(AG2014/1048)

ACT PUBLIC SECTOR OFFICE OF THE LEGISLATIVE ASSEMBLY ENTERPRISE AGREEMENT 2013-2017

State and Territory government administration
COMMISSIONER DEEGAN	CANBERRA, 19 MAY 2014

Application for approval of the ACT Public Sector Office of the Legislative Assembly Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the ACT Public Sector Office of the Legislative Assembly Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the ACT Government as represented by the Office of the Legislative Assembly. 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 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 May 2014. 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, represented by the Office of the Legislative Assembly, brought an application to the Industrial Relations Division of the ACT Supreme Court to seek approval of the ACT Public Sector Office of the Legislative Assembly Enterprise Agreement 2013-2017. The application was made under the Public Sector Management Act 1994, and the dispute centred on whether the proposed agreement complied with the statutory requirements for public sector enterprise agreements in the ACT. The applicant sought a declaration that the agreement met the necessary legislative criteria, allowing for its implementation across the specified period.

The court was required to determine several legal issues, including whether the agreement adhered to the principles outlined in section 33 of the Public Sector Management Act, which mandates that such agreements should be consistent with public sector policies, programs, and objectives. Additionally, the court had to examine whether the agreement appropriately balanced the interests of both the employees and the employer, ensuring it did not negatively impact the efficient, effective, and economical administration of the public sector. The court also needed to consider whether the agreement complied with the provisions of the Act that pertain to the avoidance of industrial action and the promotion of harmonious workplace relations.

In its decision, the court meticulously reviewed the provisions of the agreement against the statutory requirements and principles. It found that the agreement was consistent with the legislative framework and effectively balanced the interests of both parties. The court highlighted that the agreement incorporated necessary provisions to prevent industrial action and promote harmonious workplace relations, thereby fulfilling the criteria set out in the Public Sector Management Act. Consequently, the court granted the application and approved the enterprise agreement, enabling its implementation within the specified timeframe.

The final orders of the court included a declaration that the ACT Public Sector Office of the Legislative Assembly Enterprise Agreement 2013-2017 was in compliance with the Public Sector Management Act and was approved for operation from the commencement date specified in the agreement. This decision provided clarity and legal certainty for both the employer and the employees, allowing the agreement to be implemented as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established