Australian Capital Territory

[2023] FWCA 2928

[2023] FWCA 2928

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Capital Territory

(AG2023/2959)

ACT PUBLIC SECTOR ADMINISTRATIVE AND RELATED CLASSIFICATIONS ENTERPRISE AGREEMENT 2023–2026

State and Territory government administration
DEPUTY PRESIDENT DEAN	CANBERRA, 13 SEPTEMBER 2023

Application for approval of the ACT Public Sector Administrative and Related Classifications Enterprise Agreement 2023-2026.

1. An application has been made for approval of an enterprise agreement known as the ACT Public Sector Administrative and Related Classifications Enterprise Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Capital Territory (Applicant). The Agreement is a single enterprise agreement.

1. 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.

1. The Australian Education Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, CPSU, the Community and Public Sector Union, the Construction, Forestry, Maritime, Mining and Energy Union, the Health Services Union, the Association of Professional Engineers, Scientists and Managers, Australia, the United Firefighters’ Union of Australia and the United Services Union, 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) I note that the Agreement covers the organisations.

1. The Applicant has applied, pursuant to s.217 and s.218A of the Act, to remove ambiguity and uncertainty and to correct errors in the Agreement which were identified after it was made. The corrections sought by the Applicant include the following:

1. By replacing the amount of ‘$2.94’ for the Isolated Establishment Rate Per Day (6) Tidbinbilla – full rate at Annex C with the amount of ‘$22.94’.

2. By replacing the name ‘Birrigai at Tidbinbilla’ at Annex C with ‘Birrigai’.

3. By replacing the words ‘A breach of this clause would constitute misconduct’ at clause R22.6 with ‘A breach of this clause may constitute misconduct’.

4. By replacing the words ‘A breach of this clause would constitute misconduct’ at clause Y2.5 with ‘A breach of this clause may constitute misconduct’.

1. The Applicant submits that these changes do not result in detriment to any employees covered by the Agreement and that it has consulted with all the employee organisations.

1. I have sought the views of the bargaining representatives concerning the variations and no submissions in opposition to the variations were received. I am satisfied in the circumstances that it is appropriate to vary the Agreement in the terms sought. The Applicant has filed an amended version of the Agreement incorporating the variations.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2023. The nominal expiry date of the Agreement is 31 March 2026.

DEPUTY PRESIDENT

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