DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Council for Educational Research Ltd
(AG2020/1102)

AUSTRALIAN COUNCIL FOR EDUCATIONAL RESEARCH LIMITED ENTERPRISE AGREEMENT 2019 - 2022

Clerical industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 12 JUNE 2020

Application for approval of the Australian Council for Educational Research Limited Enterprise Agreement 2019 - 2022.

[1] Australian Council for Educational Research Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Australian Council for Educational Research Limited Enterprise Agreement 2019 - 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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.

[4] 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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 12 June 2020 and, in accordance with s 54, will operate from 19 June 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Council for Educational Research Limited sought approval for an Enterprise Agreement with its employees. The dispute involved the terms and conditions of employment as set out in the proposed agreement, including pay rates, work arrangements, and other employment-related matters. The Fair Work Commission was tasked with assessing whether the agreement complied with the relevant legislative provisions and whether it was fair and reasonable.

The key legal issues before the Commission were whether the proposed agreement provided for terms and conditions that were fair and reasonable, and whether it complied with the requirements of the Fair Work Act. This included an assessment of whether the agreement provided for a safety net of minimum terms and conditions, and whether it contained appropriate provisions for flexibility and productivity. The Commission also needed to consider the views of the parties and any relevant evidence provided.

In reaching its decision, the Commission considered the submissions from both the employer and the employees, as well as any other relevant evidence. The Commission noted that the proposed agreement provided for a comprehensive set of terms and conditions, including provisions for pay rates, leave entitlements, and work arrangements. The Commission found that the agreement provided for a safety net of minimum terms and conditions, and that it contained appropriate provisions for flexibility and productivity. The Commission also noted that the agreement had been negotiated in good faith and that it was fair and reasonable.

Based on its findings, the Commission approved the proposed Enterprise Agreement. The decision sets out the approved terms and conditions of employment, which will apply to the employees of the Australian Council for Educational Research Limited for the period from 2019 to 2022.

Australian Council for Educational Research Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established