DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amnesty International Australia
(AG2021/362)

AMNESTY INTERNATIONAL AUSTRALIA EMPLOYMENT AGREEMENT 2021

Social, community, home care and disability services
COMMISSIONER YILMAZ	MELBOURNE, 4 MARCH 2021

Application for approval of the Amnesty International Australia Employment Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Amnesty International Australia Employment Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Amnesty International Australia. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Municipal, Administrative, Clerical and Services 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 11 March 2021. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Amnesty International Australia made an application for the approval of the Amnesty International Australia Employment Agreement 2021, which was argued in the Fair Work Commission. The agreement aimed to set out the terms and conditions of employment for the employees of Amnesty International Australia, including matters such as wages, working hours, leave entitlements, and dispute resolution mechanisms. The application was brought forward to ensure that the agreement complied with the relevant industrial laws and to secure the endorsement of the Fair Work Commission for its implementation.

The legal issues before the Fair Work Commission involved assessing whether the proposed employment agreement met the requirements set forth in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and if it adequately addressed the rights and obligations of both the employer and the employees. Additionally, the court had to consider if the agreement provided a fair framework for resolving disputes and if it was consistent with the principles of the Fair Work Act.

The Fair Work Commission, after reviewing the application and the arguments presented by both parties, found that the Amnesty International Australia Employment Agreement 2021 was in compliance with the Fair Work Act. The Commission determined that the agreement included fair and reasonable terms and conditions that were consistent with the principles of the Act. The Commission was satisfied that the agreement provided for appropriate mechanisms to address and resolve disputes and that it adequately safeguarded the rights and obligations of both the employer and the employees. Consequently, the Commission approved the employment agreement, and it became effective as of the date of the Commission's approval.

Amnesty International Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established