DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Communications and Media Authority
(AG2017/4318)

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY ENTERPRISE AGREEMENT 2017 - 2020

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 25 OCTOBER 2017

Application for approval of the Australian Communications and Media Authority Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Australian Communications and Media Authority 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 Communications and Media Authority. 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, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and The Association of Professional Engineers, Scientists and Managers, Australia are 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) 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 1 November 2017. The nominal expiry date of the Agreement is 1 November 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved the Australian Communications and Media Authority, which sought approval of the Enterprise Agreement for the period 2017 to 2020. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The primary dispute centred around the fairness and appropriateness of the proposed terms and conditions of employment, including wages, leave entitlements, and dispute resolution mechanisms.

The legal issues at the heart of the case revolved around the compliance of the proposed enterprise agreement with the statutory requirements set out in the Fair Work Act. Specifically, the Commission had to ensure that the agreement did not adversely affect employees' existing conditions, did not undermine the capacity of employees to protect their interests, and was made in good faith. Additionally, the Commission needed to assess whether the agreement provided fair and reasonable terms for both the employees and the employer.

In delivering its decision, the Fair Work Commission examined the submissions from both parties and considered the broader context of industrial relations in Australia. The Commission found that the proposed agreement did not undermine the existing protections for employees and met the good faith requirement. Furthermore, the Commission concluded that the terms were fair and reasonable, taking into account the specific circumstances of the Australian Communications and Media Authority. Accordingly, the Fair Work Commission approved the Enterprise Agreement for the specified period.

The final orders of the Commission mandated that the Australian Communications and Media Authority and its employees abide by the terms and conditions as set out in the approved Enterprise Agreement 2017-2020. This decision was made effective from the date of approval, ensuring that all parties were aware of their rights and obligations under the new agreement.

Australian Communications and Media Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established