Australian Capital Territory Summary

[2021] FWCA 7248

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Capital Territory
(AG2021/8836)

ACT PUBLIC SECTOR CANBERRA INSTITUTE OF TECHNOLOGY ENTERPRISE AGREEMENT 2021-2022

State and Territory government administration
DEPUTY PRESIDENT DEAN	CANBERRA, 22 DECEMBER 2021

Application for approval of the ACT Public Sector Canberra Institute of Technology Enterprise Agreement 2021-2022.

[1] An application has been made for approval of an enterprise agreement known as the ACT Public Sector Canberra Institute of Technology 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] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, 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.

[4] 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), CPSU, the Community and Public Sector Union, the Media, Entertainment and Arts Alliance and the United Workers’ 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2021. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the ACT Public Sector to have the Enterprise Agreement 2021-2022 approved. This agreement was between the employer, represented by the ACT Public Sector, and the employees, represented by the Canberra Institute of Technology. The dispute centred on the terms and conditions of employment, including wages, hours of work, leave provisions, and other employment-related matters. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the fair and reasonable terms and conditions of employment, whether it adhered to the principles of good faith bargaining, and whether it complied with the statutory minimum standards set out in the Fair Work Act. Additionally, the Commission needed to assess whether the agreement was made in a manner that was free from any coercive or unfair practices.

The Fair Work Commission, in its decision, found that the Enterprise Agreement met the statutory requirements for approval. The Commission considered the evidence presented by both parties and determined that the agreement was fair and reasonable, made in good faith, and did not contravene any minimum standards. The Commission noted that the agreement provided for appropriate wage increases, reasonable working hours, adequate leave provisions, and other employment conditions that were in line with the principles of the Act. Consequently, the application for approval of the Enterprise Agreement was successful.

The Fair Work Commission approved the ACT Public Sector Canberra Institute of Technology Enterprise Agreement 2021-2022, effective from the date of the decision. The Commission's approval was based on its finding that the agreement was fair and reasonable, made in good faith, and complied with the statutory requirements of the Fair Work Act.

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