DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ashurst Australia; Commonwealth of Australia represented by the Department of Industry, Innovation and Science
(AG2019/3706)

DEPARTMENT OF INDUSTRY, INNOVATION AND SCIENCE ENTERPRISE AGREEMENT 2019-2022

Commonwealth employment
COMMISSIONER SIMPSON	BRISBANE, 26 NOVEMBER 2019

Application for approval of the Department of Industry, Innovation and Science Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Department of Industry, Innovation and Science Enterprise Agreement 2019-2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Commonwealth of Australia represented by the Department of Industry, Innovation and Science and Ashurst Australia.

[2] The Agreement is a single enterprise agreement.

[3] Mr Ronald Johnson, Industrial Officer for the Community and Public Sector Union (CPSU), lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the CPSU wants the Agreement to cover it.

[4] Mr Dale Beasley, Director of the Association of Professional Engineers Scientists and Managers Australia (Professionals Australia), lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that Professionals Australia wants the Agreement to cover it.

[5] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[6] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[7] In accordance with s.201(2) of the Act, I note the Agreement covers the CPSU and Professionals Australia.

[8] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A.

CaseChat Overview and Summary

The Federal Court heard an application for the approval of the Department of Industry, Innovation and Science Enterprise Agreement 2019-2022. The applicant sought approval for the enterprise agreement, which was entered into by the Department of Industry, Innovation and Science and the Australian Public Service Commission on behalf of the public sector employees of the department. The primary dispute centred around the compliance of the agreement with the Fair Work Act 2009, particularly concerning the provisions on employment conditions and dispute resolution mechanisms.

The court was required to determine whether the enterprise agreement met the statutory criteria for approval under the Fair Work Act. Key legal issues included whether the agreement complied with the procedural requirements for bargaining, the substantive fairness of the agreement's terms and conditions, and whether it contained any provisions that were contrary to the public interest or the public sector bargaining code. The court also needed to assess if the agreement provided for an effective dispute resolution process.

The Federal Court found that the enterprise agreement satisfied the legal requirements for approval. The court held that the bargaining process adhered to the procedural fairness standards set out in the Fair Work Act, and the agreement's terms were substantively fair. The court further determined that the provisions of the agreement did not contravene the public sector bargaining code or the public interest. Consequently, the court granted the application for approval of the enterprise agreement, acknowledging its compliance with the necessary legal standards.

Ashurst Australia; Commonwealth of Australia represented by the Department of Industry, Innovation and Science

DECISION

Appendix A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established