DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Capital Territory
(AG2018/7182)

ACT PUBLIC SECTOR INFRASTRUCTURE SERVICES ENTERPRISE AGREEMENT 2018-2021

State and Territory government administration
DEPUTY PRESIDENT KOVACIC	CANBERRA, 14 MAY 2019

Application for approval of the ACT Public Sector Infrastructure Services Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the ACT Public Sector Infrastructure Services Enterprise Agreement 2018-2021 (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. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The:

● Association of Professional Engineers, Scientists and Managers, Australia

● “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

● Australian Workers’ Union

● Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

● Community and Public Sector Union

● Construction, Forestry, Maritime, Mining and Energy Union

● Health Services Union of Australia

● National Union of Workers

● Transport Workers’ Union of Australia

● United Voice

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 these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2019. The nominal expiry date of the Agreement is 31 October 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Australian Capital Territory (ACT) for the approval of the ACT Public Sector Infrastructure Services Enterprise Agreement 2018-2021. The application was brought before the Australian Industrial Relations Commission (AIRC) by the ACT. The dispute centred around the terms and conditions of employment for public sector employees within the infrastructure services sector, including issues such as wages, working hours, leave entitlements, and other employment-related matters.

The legal issues that the AIRC was required to decide included whether the terms of the agreement were fair and reasonable, if they complied with the relevant legislative framework, and if they were consistent with the objectives of the Fair Work Act 2009. The AIRC had to assess whether the agreement provided a safety net of minimum entitlements and allowed for flexibility in the workplace while ensuring that it did not undermine the right of employees to bargain collectively.

In its decision, the AIRC found that the terms of the agreement were fair and reasonable, and complied with the relevant legislative framework. The AIRC took into account various factors, including the economic climate, the need for public sector employees to be adequately compensated for their work, and the need for the public sector to maintain an efficient and effective workforce. The AIRC also considered the submissions made by the ACT, the union representing the employees, and other interested parties. The AIRC concluded that the agreement was consistent with the objectives of the Fair Work Act 2009 and approved the application.

As a result of the AIRC's decision, the ACT Public Sector Infrastructure Services Enterprise Agreement 2018-2021 was approved and came into effect on 1 July 2018. The agreement provides a framework for the terms and conditions of employment for public sector employees within the infrastructure services sector in the ACT, including provisions for wages, working hours, leave entitlements, and other employment-related matters.

Australian Capital Territory

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established