Australian Capital Territory Summary

[2021] FWCA 7077

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Capital Territory
(AG2021/8647)

ACT PUBLIC SECTOR SUPPORT SERVICES ENTERPRISE AGREEMENT 2021-2022

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

Application for approval of the ACT Public Sector Support Services Enterprise Agreement 2021-2022

[1] An application has been made for approval of an enterprise agreement known as the ACT Public Sector Support Services 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Construction, Forestry, Maritime, Mining & Energy Union, CPSU, the Community and Public Sector Union, the Health Services Union, the United Services Union and the United Workers’ Union, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

[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

The case before the court involved an application for the approval of the ACT Public Sector Support Services Enterprise Agreement 2021-2022. The applicant sought the court's endorsement of the proposed agreement, which aimed to govern the terms and conditions of employment for support services employees within the Australian Capital Territory's public sector. The respondent, representing the interests of the employees, contested the application, asserting that certain provisions within the agreement were not in the best interest of the workforce.

The primary legal issue before the court was to determine whether the proposed enterprise agreement complied with the requirements of the Workplace Relations Act 1996 and the Fair Work Act 2009. Specifically, the court had to examine whether the agreement met the criteria for approval, including whether it provided for fair and reasonable terms of employment, was free from any coercive conduct, and was made in good faith. The court also needed to consider the impact of the proposed agreement on the employees' rights and protections under the relevant legislation.

After a thorough examination of the arguments presented by both parties, the court found that the proposed agreement largely adhered to the legislative framework. The court acknowledged that while some provisions might have been contentious, they did not contravene the statutory requirements. The court emphasised the importance of the agreement in providing a fair and reasonable framework for employment terms within the public sector. Consequently, the court granted the application for approval of the ACT Public Sector Support Services Enterprise Agreement 2021-2022, confirming its compliance with the relevant legislation.

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