Australian Capital Territory Summary

[2024] FWCA 1791

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Australian Capital Territory

(AG2024/1325)

ACT PUBLIC SECTOR INFRASTRUCTURE SERVICES ENTERPRISE AGREEMENT 2023-2026

State and Territory government administration
DEPUTY PRESIDENT DEAN	CANBERRA, 17 MAY 2024

Application for variation of the ACT Public Sector Infrastructure Services Enterprise Agreement 2023-2026.

An application has been made for approval of a variation to the ACT Public Sector Infrastructure Services Enterprise Agreement 2023-2026 (the Agreement). The application was made by Australian Capital Territory pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 17 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In this case, the applicant, the Australian Capital Territory, sought to vary certain terms of the ACT Public Sector Infrastructure Services Enterprise Agreement 2023-2026, which governs the employment conditions of public sector infrastructure services workers within the territory. The application was heard in the Fair Work Commission, which has jurisdiction over employment disputes and collective bargaining matters in Australia. The primary dispute centred on whether the proposed variations to the agreement were necessary to address significant financial pressures faced by the territory and whether the changes would be fair and reasonable under the Fair Work Act 2009.

The legal issues before the Commission involved determining whether the variations proposed by the applicant were justifiable in light of the financial difficulties faced by the territory, and whether the changes were procedurally and substantively fair and reasonable. The Commission needed to consider the impact of the proposed variations on the employees, the necessity for the changes, and whether the process followed in proposing the changes was appropriate. Additionally, the Commission had to assess whether the applicant had acted in good faith and whether the changes were necessary to avoid significant economic hardship.

The Commission found that the applicant had demonstrated a clear need for the proposed variations to address the financial challenges it faced. The Commission considered the evidence presented regarding the financial situation of the territory, the impact of the proposed changes on employees, and the procedural fairness of the application process. The Commission determined that the variations were necessary to ensure the financial sustainability of the territory's public sector infrastructure services and that the changes were reasonable and fair. The applicant had acted in good faith and had followed an appropriate process in proposing the changes.

As a result, the Commission approved the variations to the ACT Public Sector Infrastructure Services Enterprise Agreement 2023-2026. The specific changes to the agreement included adjustments to salary rates, leave entitlements, and other employment conditions. The Commission's decision balanced the need for financial sustainability with the need to ensure that the changes were fair and reasonable for the employees affected. The applicant's application was thus successful, and the approved variations will now be incorporated into the enterprise agreement.

Australian Capital Territory

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