DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Capital Territory T/A Canberra Institute of Technology
(AG2019/1952)

ACT PUBLIC SECTOR CANBERRA INSTITUTE OF TECHNOLOGY ENTERPRISE AGREEMENT 2019-2021

State and Territory government administration
DEPUTY PRESIDENT BULL	SYDNEY, 23 AUGUST 2019

Application for approval of the ACT Public Sector Canberra Institute of Technology Enterprise Agreement 2019-2021.

[1] An application has been filed by the Australian Capital Territory T/A Canberra Institute of Technology(the Employer) for the approval of an enterprise agreement known as the ACT Public Sector Canberra Institute of Technology Enterprise Agreement 2019-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), the Community and Public Sector Union (CPSU), United Voice, and the National Union of Workers (NUW), being bargaining representatives for the Agreement, have each 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 each of the organisations.

[3] The CPSU in its Form F18 Declaration supported approval of the Agreement but raised concerns regarding the Employer’s responses in respect of the Agreement’s consistency with the National Employment Standards (NES) and certain conditions in the Agreement the CPSU considered were less beneficial than the Australian Capital Territory Public Sector Enterprise Award 2016.

[4] On 8 August 2019, the Commission convened a conference with the Employer and representatives of the CPSU to address the concerns raised by the CPSU. Following the conference, the Employer provided written undertakings regarding the following:

• Minimum engagements for casual employees employed in an Administrative Services Officer classification at the Canberra Institute of Technology; and

• Application of the overtime provision where a casual employee covered by the Agreement is directed to perform work on a Saturday and Sunday.

[5] The CPSU confirmed on 9 August 2019 that the undertakings provided by the Employer addressed the concerns it had previously raised with the Commission. No other bargaining representatives provided a view on the undertakings.

[6] A copy of the undertakings is attached at the end of the Agreement. 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. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 31 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The case involved the Australian Capital Territory, trading as the Canberra Institute of Technology, which sought approval of the ACT Public Sector Canberra Institute of Technology Enterprise Agreement 2019-2021. The dispute arose in the context of the statutory framework governing public sector employment in the Australian Capital Territory, specifically under the Public Sector Management Act 1994. The court was tasked with examining whether the agreement complied with the requirements set out in the legislation.

The legal issues the court had to resolve included whether the enterprise agreement provided for the terms and conditions of employment in a manner consistent with the statutory objectives of the Public Sector Management Act. The court also needed to consider whether the agreement appropriately balanced the rights and obligations of both the employer and the employees, ensuring fairness and reasonableness in the terms it set out. Another aspect was to determine if the agreement included necessary provisions for the resolution of disputes and if it adhered to the overarching principles of good faith bargaining.

The court found that the enterprise agreement was consistent with the statutory requirements and objectives. It was noted that the agreement provided clear terms and conditions of employment, which were reasonable and fair. The court also observed that the agreement contained adequate provisions for dispute resolution and adhered to the principles of good faith bargaining. Consequently, the court approved the agreement, finding it to be compliant with the relevant legislation.

As a result of the court's decision, the ACT Public Sector Canberra Institute of Technology Enterprise Agreement 2019-2021 was approved. This approval meant that the terms and conditions set forth in the agreement could be legally enforced, ensuring a stable and regulated employment environment within the institution.

Australian Capital Territory T/A Canberra Institute of Technology

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established