DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Capital Territory T/A ACT Public Sector
(AG2019/1443)

ACT PUBLIC SECTOR SUPPORT SERVICES ENTERPRISE AGREEMENT 2018-2021

State and Territory government administration
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 25 JULY 2019

Application for approval of the ACT Public Sector Support Services Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the ACT Public Sector Support Services Enterprise Agreement 2018-2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union (NSW Branch), the Construction, Forestry, Maritime, Mining & Energy Union, the Community and Public Sector Union (PSU group), the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union, Branch of the Australian Services Union, the Health Services Union NSW Branch and United Voice being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 1 August 2019. The nominal expiry date of the Agreement is 31 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the ACT Public Sector, sought approval for the Enterprise Agreement 2018-2021 from the Fair Work Commission. The applicant argued that the agreement should be certified as meeting the requirements for registration under the Fair Work Act 2009. The primary concern was whether the agreement complied with the relevant provisions of the Act and the Fair Work Regulations 2009.

The court needed to determine if the agreement was made in good faith and if it contained the necessary minimum terms and conditions, including those relating to wages, classification, leave, and other employment conditions. Additionally, the court examined if the agreement provided for fair and effective dispute resolution mechanisms and if the required procedural fairness was observed in the agreement-making process.

The Fair Work Commission found that the agreement was made in good faith and contained all the necessary minimum terms and conditions. The court held that the agreement provided for fair and effective dispute resolution mechanisms and that the required procedural fairness was observed. Consequently, the agreement was certified as meeting the requirements for registration under the Fair Work Act 2009. The court approved the Enterprise Agreement 2018-2021 as compliant with the statutory requirements.

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