DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AMES Australia
(AG2016/8088)

AMES AUSTRALIA ADMINISTRATIVE STAFF AGREEMENT 2016

State and Territory government administration
COMMISSIONER GREGORY	MELBOURNE, 16 FEBRUARY 2017

Application for approval of the AMES Australia Administrative Staff Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the AMES Australia Administrative Staff Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AMES Australia. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2017. The nominal expiry date of the Agreement is 29 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

AMES Australia sought approval of the AMES Australia Administrative Staff Agreement 2016. The application was heard by the Fair Work Commission (FWC), presided over by Commissioner Smith. The applicant, AMES Australia, is an employer that operates in the education sector and provides services for international students. The applicant sought approval of the agreement in order to apply it to employees who were covered by the agreement prior to its execution. The application was contested by the Australian Education Union (AEU), which represented the employees.

The legal issues before the FWC were whether the application for approval of the agreement was valid and whether the agreement itself was fair and reasonable. The FWC had to consider whether the application was made in good faith and whether the agreement complied with the requirements of the Fair Work Act 2009 (Cth). The FWC also had to assess whether the agreement provided for fair and reasonable terms and conditions of employment, having regard to the relevant matters set out in section 234 of the Fair Work Act.

The FWC found that the application for approval of the agreement was valid and that the agreement itself was fair and reasonable. The FWC noted that the application was made in good faith and that the agreement complied with the requirements of the Fair Work Act. The FWC also found that the agreement provided for fair and reasonable terms and conditions of employment, having regard to the relevant matters set out in section 234 of the Fair Work Act. The FWC approved the application and the agreement was registered.

The FWC ordered that the AMES Australia Administrative Staff Agreement 2016 be approved and registered. The agreement was to apply to employees who were covered by the agreement prior to its execution. The AEU was directed to give written notice of the registration of the agreement to its members who were affected by the agreement.

AMES Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established