DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Capital Territory T/A ACT Public Sector
(AG2019/1584)

ACT PUBLIC SECTOR HEALTH PROFESSIONAL ENTERPRISE AGREEMENT 2018-2021

State and Territory government administration
DEPUTY PRESIDENT YOUNG	MELBOURNE, 29 MAY 2019

Application for approval of the ACT Public Sector Health Professional Enterprise Agreement 2018-2021.

[1] Australian Capital Territory (the Employer) has made an application for approval of an enterprise agreement known as ACT Public Sector Health Professional Enterprise Agreement 2018-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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 F4.3, 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); the Health Services Union of Australia; The Association of Professional Engineers, Scientists and Managers, Australia; the Construction, Forestry, Mining and Energy Union; and CPSU, the Community and Public Sector Union, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 29 May 2019 and, in accordance with s 54, will operate from 5 June 2019. The nominal expiry date of the Agreement is 31 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the Australian Capital Territory Trading as ACT Public Sector sought approval for the ACT Public Sector Health Professional Enterprise Agreement 2018-2021. The agreement, which was proposed to govern the terms and conditions of employment for health professionals within the ACT public sector, was challenged by several unions and individual employees on various grounds, including the adequacy of provisions relating to wages, conditions, and dispute resolution mechanisms.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, specifically whether it contained the minimum terms and conditions mandated by the Act, and whether it was in the best interests of the employees and employers involved. The Commission had to determine if the agreement was a "better off overall test" agreement, meaning it was at least as good as the existing award or agreements in place, and if it met the "in good faith" negotiation requirement.

The Commission carefully examined the provisions of the agreement, considering the submissions from both the ACT Public Sector and the unions. It found that the agreement met the statutory requirements and provided for minimum terms and conditions that were not less favourable than the existing award. The Commission also concluded that the agreement was negotiated in good faith and was in the best interests of both the employees and the employer. The Commission approved the agreement, noting that it provided for fair and reasonable terms for the employees while also accommodating the needs of the employer.

As a result of the Commission's approval, the ACT Public Sector Health Professional Enterprise Agreement 2018-2021 was registered and came into effect on the specified date. The agreement now governs the employment terms and conditions for health professionals within the ACT public sector, ensuring a fair and balanced relationship between the employees and the employer.

Australian Capital Territory T/A ACT Public Sector

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established