DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Criminal Intelligence Commission
(AG2016/6996)

AUSTRALIAN CRIMINAL INTELLIGENCE COMMISSION ENTERPRISE AGREEMENT 2016-19

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 23 DECEMBER 2016

Application for approval of the Australian Criminal Intelligence Commission Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Criminal Intelligence 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 Criminal Intelligence Commission. 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 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 30 December 2016. The nominal expiry date of the Agreement is 29 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Criminal Intelligence Commission (ACIC) applied to the Fair Work Commission for approval of the Australian Criminal Intelligence Commission Enterprise Agreement 2016-2019. The application was contested by the Community and Public Sector Union (CPSU). The central issue before the commission was whether the terms of the proposed agreement were appropriate for approval, particularly in light of the CPSU's objections regarding various provisions.

The commission considered whether the proposed agreement contained terms that were in breach of the Fair Work Act 2009, or if it unfairly disadvantaged employees. The primary concerns raised by the CPSU related to provisions concerning pay rates, redundancy entitlements, and the definition of "hours worked". The commission needed to determine if these provisions complied with the provisions of the Fair Work Act and whether they met the "better off overall test".

The commission found that, while some provisions did not meet the better off overall test, the overall package of terms and conditions provided by the agreement was fair and reasonable. The commission approved the agreement, stating that the benefits of the agreement, such as improved pay and conditions, outweighed the minor shortcomings. The commission also noted that the ACIC had demonstrated a commitment to fair and constructive negotiations, which was a significant factor in its decision.

In its decision, the commission approved the Australian Criminal Intelligence Commission Enterprise Agreement 2016-2019, subject to certain minor modifications to address the concerns raised by the CPSU. These modifications included clarifying the definition of "hours worked" and making adjustments to the redundancy provisions to ensure they met the better off overall test. The approved agreement will now serve as the basis for employment conditions between the ACIC and its employees for the specified period.

Australian Criminal Intelligence Commission

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established