Australian Competition and Consumer Commission

[2016] FWCA 8923

[2016] FWCA 8923

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Competition and Consumer Commission
(AG2016/7382)

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION ENTERPRISE AGREEMENT 2016-2019

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 14 DECEMBER 2016

Application for approval of the Australian Competition and Consumer Commission Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Competition and Consumer Commission Enterprise Agreement 2016-2019 (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 Competition and Consumer Commission. 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 Competition and Consumer Commission. 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 is attached to this decision.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2016. The nominal expiry date of the Agreement is 20 December 2019.

DEPUTY PRESIDENT

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