DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Curriculum Assessment and Reporting Authority (ACARA)
(AG2017/4334)

ACARA ENTERPRISE AGREEMENT 2017

Commonwealth employment
DEPUTY PRESIDENT KOVACIC	CANBERRA, 10 OCTOBER 2017

Application for approval of the ACARA Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ACARA Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Curriculum Assessment and Reporting Authority (ACARA). 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 Australian Curriculum Assessment and Reporting Authority (ACARA). 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 are attached to this decision.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2017. The nominal expiry date of the Agreement is 17 October 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for the approval of the Australian Curriculum Assessment and Reporting Authority Enterprise Agreement 2017 was heard by the Fair Work Commission. The applicant, ACARA, sought approval for a new enterprise agreement to replace the previous one that had expired. The dispute centred on whether the proposed agreement was fair and reasonable for the employees it affected.

The primary legal issue before the commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was free from any unfair discrimination or coercion. The commission also considered the views and submissions of the relevant parties, including the employer and the employees.

The Fair Work Commission determined that the proposed agreement was fair and reasonable. The commission found that the agreement provided for appropriate terms and conditions, including pay rates, leave entitlements, and working arrangements. The commission also noted that the agreement had been negotiated in good faith and that there was no evidence of unfair discrimination or coercion. After reviewing the submissions and evidence, the commission concluded that the agreement met the necessary criteria for approval.

The Fair Work Commission approved the Australian Curriculum Assessment and Reporting Authority Enterprise Agreement 2017, effective from the date of the decision. The approved agreement now governs the employment terms and conditions of the employees covered by the agreement.

Australian Curriculum Assessment and Reporting Authority (ACARA)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established