DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Capital Territory T/A ACT Public Sector
(AG2019/977)

ACT PUBLIC SECTOR TECHNICAL AND OTHER PROFESSIONAL ENTERPRISE AGREEMENT 2018-2021

State and Territory government administration
DEPUTY PRESIDENT KOVACIC	CANBERRA, 13 AUGUST 2019

Application for approval of the ACT Public Sector Technical and Other Professional Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the ACT Public Sector Technical and Other Professional Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Australian Capital Territory T/A ACT Public Sector. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); the Australian Municipal, Administrative, Clerical and Services Union; the Australian Workers’ Union; the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; the CPSU, Community and Public Sector Union; the Construction, Forestry, Maritime, Mining and Energy Union; the Health Services Union of Australia and the Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2019. The nominal expiry date of the Agreement is 31 October 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the ACT Public Sector, sought approval for the ACT Public Sector Technical and Other Professional Enterprise Agreement 2018-2021. The dispute was heard by the Fair Work Commission, the body responsible for regulating industrial relations and employment matters in Australia. The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions for employees, and if it adhered to the various procedural requirements set out in the legislation.

The Commission began its analysis by examining the procedural fairness of the bargaining process. It considered whether the agreement had been negotiated in good faith and if the parties had engaged in a genuine attempt to reach an agreement. The Commission also assessed the substantive terms of the agreement, focusing on whether they provided for fair and reasonable terms and conditions, including remuneration, working conditions, and other employment-related matters. The Commission took into account the submissions and evidence provided by the parties, as well as any relevant industry benchmarks and standards.

After careful consideration of the evidence and arguments presented, the Commission concluded that the proposed enterprise agreement met the statutory requirements for approval. The Commission found that the bargaining process had been conducted in good faith and that the agreement provided for fair and reasonable terms and conditions for employees. The Commission approved the ACT Public Sector Technical and Other Professional Enterprise Agreement 2018-2021, thereby resolving the dispute in favour of the applicant. The agreement now sets the terms and conditions of employment for the relevant employees within the ACT Public Sector for the specified period.

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