Australian Capital Territory

[2019] FWCA 2543

[2019] FWCA 2543

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Capital Territory
(AG2018/6586)

ACT PUBLIC SECTOR: OFFICE OF THE LEGISLATIVE ASSEMBLY ENTERPRISE AGREEMENT 2018-2021

State and Territory government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 APRIL 2019

Application for approval of the ACT Public Sector: Office of the Legislative Assembly Enterprise Agreement 2018-2021.

[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 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 the 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] I observe that clauses F7.6 and F17.11 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause A5.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The 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 Agreement was approved on 12 April 2019 and, in accordance with s.54, will operate from 19 April 2019. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

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