Australian Capital Territory Summary

[2021] FWCA 7292

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Capital Territory
(AG2021/8823)

ACT PUBLIC SECTOR CORRECTIONAL OFFICERS ENTERPRISE AGREEMENT 2021-2022

State and Territory government administration
DEPUTY PRESIDENT DEAN	CANBERRA, 23 DECEMBER 2021

Application for approval of the ACT Public Sector Correctional Officers Enterprise Agreement 2021-2022.

[1] An application has been made for approval of an enterprise agreement known as the ACT Public Sector Correctional Officers 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.

[2] 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.

[3] The Agreement has a National Employment Standards (NES) precedence clause at clause A5.4. I am therefore satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] CPSU, the Community and Public Sector 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 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 variations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2021. 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) sought approval of the ACT Public Sector Correctional Officers Enterprise Agreement 2021-2022. The application was made under the Public Sector Management Act 1994 (Cth). The primary parties involved were the ACT, the Correctional Officers union, and the ACT government. The dispute centred around whether the agreement met the statutory requirements for approval, particularly concerning the impact on public sector employees' pay and conditions.

The central legal issues before the court were whether the agreement complied with the provisions of the Public Sector Management Act 1994 (Cth) and whether the terms of the agreement were fair and reasonable for the employees involved. The court had to determine if the agreement's provisions adhered to the statutory framework and whether the negotiation process was fair and balanced. The court also needed to assess if the agreement appropriately reflected the needs and rights of the public sector employees.

The court found that the application met the statutory criteria for approval. The agreement was compliant with the Public Sector Management Act 1994 (Cth), and the negotiation process was deemed fair and balanced. The court concluded that the terms of the agreement were reasonable and appropriate for the correctional officers, ensuring their pay and conditions were adequately addressed. As a result, the court granted the application for approval of the agreement. The final orders confirmed the approval of the ACT Public Sector Correctional Officers Enterprise Agreement 2021-2022.

Australian Capital Territory

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established