Australian Capital Territory T/A ACT Public Sector

[2020] FWCA 861

[2020] FWCA 861

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Capital Territory T/A ACT Public Sector
(AG2019/5149)

ACT PUBLIC SECTOR LEGAL PROFESSIONALS ENTERPRISE AGREEMENT 2018-2021

State and Territory government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 FEBRUARY 2020

Application for approval of the ACT Public Sector Legal Professionals Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the ACT Public Sector Legal Professionals 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 T/A ACT Public Sector. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that clause A10.1 of the Agreement provides that the Employer and the Union covered by the Agreement agree that they will not exercise their right to terminate the Agreement under the Act. This may be an unlawful term or unpermitted matter pursuant to s 194 of the Act and therefore may be unenforceable, it is noted however that this is not a matter that goes to the Approval of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2020. The nominal expiry date of the Agreement is 31 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A