Australian Capital Territory Summary

[2021] FWCA 7078

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Capital Territory
(AG2021/8651)

ACT PUBLIC SECTOR ADMINISTRATIVE AND RELATED CLASSIFICATIONS ENTERPRISE AGREEMENT 2021-2022

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

Application for approval of the ACT Public Sector Administrative and Related Classifications Enterprise Agreement 2021-2022.

[1] An application has been made for approval of an enterprise agreement known as the ACT Public Sector Administrative and Related Classifications 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 Australian Education Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union, CPSU, the Community and Public Sector Union, the Construction, Forestry, Maritime, Mining and Energy Union, the Health Services Union, the Association of Professional Engineers, Scientists and Managers, Australia, the United Firefighters’ Union of Australia, the United Services Union 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.

[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 Australian Capital Territory has applied for approval of the ACT Public Sector Administrative and Related Classifications Enterprise Agreement 2021-2022. The dispute arose due to the need to ensure that the agreement met the requirements of the relevant legislation. The matter was heard in the Industrial Court of the ACT. The primary legal issue before the court was whether the agreement complied with the provisions of the Public Sector Management Act 1994. This involved examining the agreement's adherence to the statutory requirements for classification agreements, including whether it contained provisions that were consistent with the public interest and the proper administration of the public sector.

The court examined the agreement's provisions, including those relating to classification, remuneration, and conditions of employment. The court found that the agreement contained provisions that were consistent with the requirements of the Public Sector Management Act 1994. The agreement provided for a fair and equitable classification system, with provisions that were consistent with the public interest and the proper administration of the public sector. The court also found that the agreement contained provisions that were consistent with the principles of enterprise bargaining and collective bargaining.

In light of the above, the court approved the ACT Public Sector Administrative and Related Classifications Enterprise Agreement 2021-2022. The court found that the agreement met the requirements of the Public Sector Management Act 1994 and provided for a fair and equitable classification system. The court's decision ensures that the agreement is legally binding and that the parties are bound by its terms. The final orders of the court were that the agreement be approved and that it be registered with the Registrar of the Industrial Court of the 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