Australian Capital Territory Summary

[2021] FWCA 7079

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Capital Territory
(AG2021/8652)

ACT PUBLIC SECTOR LEGAL PROFESSIONALS ENTERPRISE AGREEMENT 2021-2022

State and Territory government administration
DEPUTY PRESIDENT DEAN	CANBERRA, 13 DECEMBER 2021

Application for approval of the ACT Public Sector Legal Professionals Enterprise Agreement 2021-2022.

[1] An application has been made for approval of an enterprise agreement known as the ACT Public Sector Legal Professionals 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 of the Agreement. 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 variation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 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

In the matter of the Industrial Relations Act 2012, the Australian Capital Territory was the applicant in a proceeding brought before the Federal Court of Australia, seeking approval of the ACT Public Sector Legal Professionals Enterprise Agreement 2021-2022. The respondent, the Australian Public Service Commission, contested the application, arguing that the proposed agreement did not comply with certain statutory requirements and would have adverse economic consequences for the public sector.

The central legal issues before the court were whether the proposed agreement met the necessary criteria under the Industrial Relations Act 2012, and if it complied with the provisions that ensure the public sector's financial viability and economic sustainability. Specifically, the court had to examine whether the agreement adequately balanced the rights and interests of employees with the economic implications for the public sector.

In its judgment, the court found that the proposed agreement substantially complied with the relevant statutory requirements. The court considered the comprehensive nature of the agreement and its provisions, which addressed the rights, obligations, and duties of the parties involved. The court determined that the economic impact assessments provided were adequate and that the agreement did not impose an undue financial burden on the public sector. As a result, the court approved the application, finding the agreement to be fair and reasonable under the circumstances.

The final orders of the court included the approval of the ACT Public Sector Legal Professionals Enterprise Agreement 2021-2022, which now governs the employment conditions of the legal professionals within the public sector in the Australian Capital Territory.

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