DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Centre for International Agricultural Research
(AG2015/7411)

AUSTRALIAN CENTRE FOR INTERNATIONAL AGRICULTURAL RESEARCH ENTERPRISE AGREEMENT 2015-18

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 16 DECEMBER 2015

Application for approval of the Australian Centre for International Agricultural Research Enterprise Agreement 2015-18.

[1] An application has been made for approval of an enterprise agreement known as the Australian Centre for International Agricultural Research Enterprise Agreement 2015-18 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Centre for International Agricultural Research. 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 Australian Centre for International Agricultural Research. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2015. The nominal expiry date of the Agreement is 23 December 2018.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Centre for International Agricultural Research (ACIAR) sought approval of an enterprise agreement that covered a range of employment conditions for its staff. The application for approval was heard by the Fair Work Commission, Australia's independent workplace relations tribunal. The dispute centred on whether the proposed agreement complied with the relevant federal legislation and if it was appropriate for the tribunal to grant the approval.

The key legal issues before the tribunal were whether the proposed agreement met the statutory requirements of the Fair Work Act 2009, and whether it was appropriate to approve the agreement in light of the public interest considerations. The tribunal had to examine if the agreement contained all the mandated minimum terms and conditions, and if it fairly reflected the balance of workplace rights and obligations.

The tribunal found that the proposed agreement was compliant with the Fair Work Act and contained all the necessary minimum terms and conditions. The tribunal also considered the public interest factors, including the potential impact on ACIAR's ability to carry out its functions effectively and the implications for its employees. After weighing these factors, the tribunal concluded that the agreement was fair and appropriate, and granted the approval.

The tribunal made an order approving the ACIAR Enterprise Agreement 2015-18, which will now apply to the relevant employees. The agreement will remain in force until superseded by a new agreement or terminated in accordance with the Fair Work Act.

Australian Centre for International Agricultural Research

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established