DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Capital Territory T/A ACT Public Sector
(AG2019/971)

ACT LEGISLATIVE ASSEMBLY MEMBERS’ STAFF ENTERPRISE AGREEMENT 2018-2021

State and Territory government administration
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 AUGUST 2019

Application for approval of the ACT Legislative Assembly Members’ Staff Enterprise Agreement 2018-2021.

[1] Australian Capital Territory T/A ACT Public Sector has made an application for approval of an enterprise agreement known as the ACT Legislative Assembly Members’ Staff 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] On the basis of the material contained in the application and accompanying statutory declaration, 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] The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), Australian Municipal, Administrative, Clerical and Services Union (ASU), The Australian Workers’ Union (AWU) and CPSU, the Community and Public Sector Union being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that it seeks to be covered by the Agreement. In accordance with s.201(2) and based on the statutory declarations provided by these organisations, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 2 August 2019 and, in accordance with s.54, will operate from 9 August 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

The Australian Capital Territory (ACT), trading as the ACT Public Sector, filed an application seeking approval of the ACT Legislative Assembly Members’ Staff Enterprise Agreement 2018-2021. The application was made in the Fair Work Commission, which has jurisdiction over employment and workplace relations matters in Australia. The primary dispute concerned the terms and conditions of employment for staff members within the ACT Legislative Assembly, including their pay rates, hours of work, and other employment-related entitlements.

The legal issues before the Commission involved whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly sections pertaining to the process of approving enterprise agreements and the fairness of the terms and conditions. The key focus was on ensuring that the agreement met the "better-off, overall-test" under the Act, which mandates that an employee must not be worse off financially by being under the new agreement than they would have been under their previous agreement or award. Additionally, the Commission needed to consider whether the agreement contained all the mandated terms and conditions and if it adhered to the procedural requirements set out in the Act.

The Fair Work Commission found that the proposed agreement met the statutory requirements. It satisfied the better-off, overall-test and contained all the necessary terms and conditions as required by the Fair Work Act. The Commission was satisfied that the agreement was fair and did not adversely affect the employees. The Commission also noted that the application process followed the correct procedures, and the agreement was reached through proper consultation with the relevant employee representatives. Consequently, the Commission approved the agreement, finding it to be in compliance with the Act. The final orders of the Commission included the formal approval of the ACT Legislative Assembly Members’ Staff Enterprise Agreement 2018-2021.

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