Australian Capital Territory T/A ACT Public Service Summary

[2014] FWCA 7621

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Capital Territory T/A ACT Public Service
(AG2014/7709)

ACT PUBLIC SECTOR SUPPORT SERVICES ENTERPRISE AGREEMENT 2013-2017

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 28 OCTOBER 2014

Application for approval of the ACT Public Sector Support Services Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the ACT Public Sector Support Services Enterprise Agreement 2013-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Australian Capital Territory T/A ACT Public Service. The Agreement is a single-enterprise agreement.

[2] 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] The CPSU, the Community and Public Sector Union, the Health Services Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Construction, Forestry, Mining and Energy Union and the Australian Municipal, Administrative, Clerical and Services Union 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) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and in accordance with s.54 of the Act, will operate from 4 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Capital Territory, trading as the ACT Public Service, applied to the Fair Work Commission for the approval of the ACT Public Sector Support Services Enterprise Agreement 2013-2017. The applicant sought to have the agreement approved under section 234 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for public sector support services employees within the ACT.

The key legal issues before the Commission were whether the agreement met the statutory requirements for approval, including the provisions on minimum wages, penalty rates, and other employment conditions. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the legislative framework.

The Fair Work Commission found that the agreement contained provisions that were consistent with the statutory minimum standards. The Commission determined that the agreement met the criteria for approval under the Fair Work Act, as it provided for fair and reasonable terms and conditions for employees. The Commission also noted that the agreement had been developed through a process of good-faith bargaining between the employer and the employee representatives. As a result, the Commission approved the agreement.

The Fair Work Commission approved the ACT Public Sector Support Services Enterprise Agreement 2013-2017, effective from 1 July 2013. The Commission's decision confirmed that the agreement met the statutory requirements for approval and provided for fair and reasonable terms and conditions for employees.

Australian Capital Territory T/A ACT Public Service

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established