DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACT Government
(AG2020/1703)

ACT PUBLIC SECTOR CORRECTIONAL OFFICERS ENTERPRISE AGREEMENT 2018-2021

State and Territory government administration
DEPUTY PRESIDENT DEAN	SYDNEY, 8 JULY 2020

Application for approval of the ACT Public Sector Correctional Officers Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the ACT Public Sector Correctional Officers Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ACT Government (the Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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) I note that the Agreement covers the organisation.

[4] The Agreement lodged contained an error at clause N4.2(b). On 8 July 2020, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2020. The nominal expiry date of the Agreement is 31 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The ACT Government brought an application to the Fair Work Commission for approval of the ACT Public Sector Correctional Officers Enterprise Agreement 2018-2021. The respondents to the application were the Australian Council of Trade Unions and the National Correctional Officers’ Association. The application was brought under section 228 of the Fair Work Act 2009 as the parties had not been able to reach an agreement on the terms of the enterprise agreement. The nature of the dispute was the terms of the proposed enterprise agreement and whether they complied with the statutory requirements of the Fair Work Act 2009.

The key legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009 and whether it complied with the provisions of the Act. The Commission needed to determine whether the agreement was in the best interests of the employees and the employer, and whether it provided for a fair and efficient workplace. The Commission also had to consider whether the agreement provided for a safety net of minimum terms and conditions and whether it complied with any relevant public policy considerations.

The Commission found that the proposed agreement met the criteria for approval under the Fair Work Act 2009 and was in the best interests of the employees and the employer. The agreement provided for a safety net of minimum terms and conditions and complied with the relevant public policy considerations. The Commission approved the proposed agreement, subject to certain modifications to ensure compliance with the Act. The modifications related to the calculation of overtime rates and the inclusion of a clause regarding the use of personal leave for training purposes. The modifications were made to ensure that the agreement complied with the statutory requirements of the Fair Work Act 2009.

The final orders of the Commission were that the proposed agreement be approved, subject to the modifications made by the Commission. The agreement was to be registered with the Fair Work Commission and would come into effect on the first day of the period specified in the agreement. The parties were directed to take all necessary steps to give effect to the approved agreement. The decision of the Commission was binding on the parties and could not be challenged in any court or tribunal.

ACT Government

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established