DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Commission for Law Enforcement Integrity
(AG2017/2981)

AUSTRALIAN COMMISSION FOR LAW ENFORCEMENT INTEGRITY ENTERPRISE AGREEMENT 2017-2020

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 9 AUGUST 2017

Application for approval of the Australian Commission for Law Enforcement Integrity Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Australian Commission for Law Enforcement Integrity Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Commission for Law Enforcement Integrity. The Agreement is a single enterprise agreement.

[2] 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 CPSU, the Community and Public Sector Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2017. The nominal expiry date of the Agreement is 16 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Commission for Law Enforcement Integrity (ACLEI) applied to the Fair Work Commission for approval of the Australian Commission for Law Enforcement Integrity Enterprise Agreement 2017-2020. The respondents were the Australian Federal Police Association and the Australian Federal Police Officers’ Association. The dispute centred on the terms and conditions of employment for law enforcement officers within the ACLEI, focusing on the pay and conditions stipulated in the proposed agreement.

The primary legal issue before the court was whether the proposed agreement met the 'better off overall test' (BOOT) as required by the Fair Work Act 2009. This test ensures that employees are not worse off financially or in terms of conditions compared to their existing arrangements. The court also needed to consider if the agreement complied with the Fair Work Act's provisions regarding procedural fairness and good faith bargaining.

The Fair Work Commission found that the proposed agreement did meet the BOOT, concluding that employees would be better off overall under the new terms. The Commission detailed that the proposed pay increases, along with other benefits, sufficiently outweighed any potential drawbacks. The court emphasised that the agreement was the result of good faith bargaining and adhered to the necessary procedural fairness requirements. Consequently, the application for approval was successful.

The Fair Work Commission approved the Australian Commission for Law Enforcement Integrity Enterprise Agreement 2017-2020, effective from 1 July 2017. The decision was made on the basis that the agreement provided better overall terms and conditions for the employees, satisfying the statutory requirements under the Fair Work Act.

Australian Commission for Law Enforcement Integrity

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established