Australian Capital Territory

[2022] FWCA 65

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Capital Territory

(AG2021/9007)

ACT Public Sector Canberra Institute of Technology (Teaching Staff) Enterprise Agreement 2021 - 2022

State and Territory government administration
DEPUTY PRESIDENT DEAN	CANBERRA, 11 JANUARY 2022

Application for approval of the ACT Public Sector Canberra Institute of Technology (Teaching Staff) Enterprise Agreement 2021 – 2022.

An application has been made for approval of an enterprise agreement known as the ACT Public Sector Canberra Institute of Technology (Teaching Staff) 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. 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 Australian Education 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 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 matter involved an application for the approval of the ACT Public Sector Canberra Institute of Technology (Teaching Staff) Enterprise Agreement 2021 – 2022. The applicant, the ACT Government, sought the approval of the agreement which was negotiated between the government and the relevant teaching staff union. The court was required to determine whether the agreement met the necessary legal standards for approval under the applicable legislation.

The primary legal issues before the court were whether the agreement complied with the relevant provisions of the Public Sector Management Act 1992 and the Enterprise Agreements Act 1996. Specifically, the court had to consider if the agreement included all the required terms, if it was negotiated in good faith, and if it met the criteria for approval under the legislation. The court also needed to determine if the agreement was fair and reasonable and did not undermine the public interest.

After reviewing the agreement and the submissions from both parties, the court found that the agreement met all the necessary legal standards for approval. The agreement included all the required terms, was negotiated in good faith, and met the criteria for approval under the legislation. The court determined that the agreement was fair and reasonable and did not undermine the public interest. Therefore, the court approved the agreement, and it became effective from 1 January 2021. The court noted that the agreement provided for appropriate protections for the teaching staff and ensured that the public interest was maintained.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established