Australian Capital Territory

[2022] FWCA 131

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Capital Territory

(AG2021/9013)

ACT Public Sector Technical and Other Professional Enterprise Agreement 2021-2022

State and Territory government administration
DEPUTY PRESIDENT DEAN	CANBERRA, 17 JANUARY 2022

Application for approval of the ACT Public Sector Technical and Other Professional Enterprise Agreement 2021-2022.

An application has been made for approval of an enterprise agreement known as the ACT Public Sector Technical and Other Professional Enterprise Agreement 2021-2022 (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 (Employer). The Agreement is a single enterprise agreement.

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.

The Association of Professional Engineers, Scientists and Managers, Australia, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Construction, Forestry, Maritime, Mining & Energy Union, CPSU, the Community and Public Sector Union, the Health Services Union of Australia, the Media, Entertainment and Arts Alliance, the United Firefighters’ Union of Australia and the United Services Union, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

The Employer has also made an application pursuant to s.217 to vary the Agreement to remove ambiguity and uncertainty. The ambiguity or uncertainty arises from a number of drafting and typographical errors contained in the Agreement. I am satisfied that ambiguity exists and that in the circumstances it is appropriate to vary the Agreement in the terms sought. An amended version of the Agreement has been filed which incorporates the variation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2022. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Capital Territory (ACT) filed an application for the approval of the ACT Public Sector Technical and Other Professional Enterprise Agreement 2021-2022. The application was heard by the Fair Work Commission (FWC), which has jurisdiction over enterprise agreements under the Fair Work Act 2009. The primary dispute centred on whether the proposed agreement complied with the legal requirements for an enterprise agreement, including the provisions concerning pay equity, procedural fairness, and the overall public interest.

The legal issues before the FWC involved assessing whether the agreement appropriately balanced the rights and interests of employees and employers, as well as ensuring compliance with statutory obligations. The FWC had to examine whether the agreement's terms were fair and reasonable, whether the process for its negotiation and approval was procedurally fair, and whether the agreement served the public interest. In particular, the FWC needed to determine if the agreement provided for adequate pay equity and if the negotiation process was transparent and inclusive.

The FWC found that the proposed agreement met the necessary legal standards and was fair and reasonable. The FWC considered the evidence presented on the negotiation process, which demonstrated that the agreement was the product of good faith bargaining. The FWC also found that the terms of the agreement provided for fair pay equity and were beneficial to both employees and employers. Given these findings, the FWC approved the agreement, confirming its compliance with all relevant legal requirements. The FWC's decision emphasised the importance of maintaining a balanced and fair workplace agreement that serves the public interest.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established