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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CaseChat Overview and Summary

The applicants, representing employees of the Legislative Assembly, sought the approval of the ACT Public Sector: Office of the Legislative Assembly Enterprise Agreement 2018-2021 by the Australian Industrial Relations Commission. The respondents, comprising the ACT Government and the Office of the Legislative Assembly, opposed the application. The dispute centred around the terms of the proposed agreement and its compliance with the relevant legislative framework.

The court was tasked with determining whether the proposed enterprise agreement complied with the Australian Capital Territory's public sector legislation, specifically the Public Sector Management Act 1992. This involved assessing if the agreement adhered to the legal requirements for public sector employment, including provisions for minimum wages, working conditions, and dispute resolution mechanisms. Additionally, the court had to consider whether the agreement was negotiated in good faith and if it provided for the protection of employees' rights.

The Australian Industrial Relations Commission found that the proposed agreement was compliant with the necessary legislative requirements. The court reasoned that the agreement met the standards set forth in the Public Sector Management Act 1992, as it incorporated fair wages, reasonable working conditions, and effective dispute resolution processes. Furthermore, the court was satisfied that the agreement was the result of negotiations conducted in good faith. Consequently, the application for approval was granted.

The court ordered the approval of the ACT Public Sector: Office of the Legislative Assembly Enterprise Agreement 2018-2021, effective from the date of the decision. This decision was made in accordance with the relevant provisions of the Public Sector Management Act 1992, ensuring that the agreement would govern the employment terms for the relevant public sector employees.

Australian Capital Territory

DECISION

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Legal Principle Established