Australian Capital Territory Summary

[2021] FWCA 7225

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Capital Territory
(AG2021/8827)

ACT PUBLIC SECTOR: OFFICE OF THE LEGISLATIVE ASSEMBLY ENTERPRISE AGREEMENT 2021-2022

State and Territory government administration
DEPUTY PRESIDENT DEAN	CANBERRA, 21 DECEMBER 2021

Application for approval of the ACT Public Sector: Office of the Legislative Assembly Enterprise Agreement 2021-2022.

[1] An application has been made for approval of an enterprise agreement known as the ACT Public Sector: Office of the Legislative Assembly 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] 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] CPSU, the Community and Public Sector Union, the Construction, Forestry, Maritime, Mining and Energy Union and the Media, Entertainment and Arts Alliance, 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 28 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 case involved an application for the approval of the ACT Public Sector: Office of the Legislative Assembly Enterprise Agreement 2021-2022, which was heard by the Industrial Relations Commission of the Australian Capital Territory. The applicant sought approval for the agreement, which aimed to establish terms and conditions of employment for employees of the Office of the Legislative Assembly. The dispute centred on the terms of the proposed agreement and whether it complied with the relevant legislative requirements.

The primary legal issue before the court was whether the proposed enterprise agreement met the statutory criteria for approval under the Public Sector Management Act 1994. Specifically, the court needed to determine if the agreement was consistent with the principles of efficient, effective and economic public sector management, and if it met the requirements of the Fair Work Act 2009. The court also had to consider whether the agreement provided for fair and reasonable terms and conditions for employees, including adequate pay and conditions, and if it aligned with the broader public sector framework.

The court examined the terms of the proposed agreement and found that it complied with the relevant legislative requirements. The agreement was deemed to be consistent with the principles of efficient, effective and economic public sector management, and met the requirements of the Fair Work Act 2009. The court further found that the agreement provided for fair and reasonable terms and conditions for employees, including adequate pay and conditions, and aligned with the broader public sector framework. Consequently, the court approved the ACT Public Sector: Office of the Legislative Assembly 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