DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Financial Security Authority
(AG2018/6571)

AUSTRALIAN FINANCIAL SECURITY AUTHORITY ENTERPRISE AGREEMENT 2018

Commonwealth employment
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 FEBRUARY 2019

Application for approval of the Australian Financial Security Authority Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Australian Financial Security Authority Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Financial Security Authority. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, 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] 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 was approved on 12 February 2019 and, in accordance with s.54, will operate from 19 February 2019. The nominal expiry date of the Agreement is 19 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Australian Financial Security Authority, sought approval for the Enterprise Agreement 2018 from the Fair Work Commission. The agreement, if approved, would govern the terms and conditions of employment for certain employees of the AFSA. The Fair Work Commission, as the tribunal, had to determine whether the agreement was appropriate for approval.

The primary legal issue before the Commission was whether the terms of the Enterprise Agreement 2018 met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for the appropriate balance of interests between the employer and the employees and whether it complied with the ‘better off overall test’. This test requires that, on average, employees covered by the agreement must not be worse off financially than they would be under their existing conditions of employment.

The Commission found that the Enterprise Agreement 2018 met the criteria for approval. It provided for appropriate terms and conditions that balanced the interests of the employer and the employees. The agreement included provisions for wage increases, changes to working arrangements, and other employment terms that were deemed fair and reasonable. The Commission also concluded that the agreement satisfied the better off overall test, as it ensured that employees would not be worse off financially on average. Consequently, the application for approval was successful.

The Fair Work Commission approved the Australian Financial Security Authority Enterprise Agreement 2018. This approval means that the agreement will now govern the employment conditions of the relevant employees, as specified in the agreement. The decision ensures that the terms of employment are fair and balanced, meeting the legal requirements under the Fair Work Act 2009.

Australian Financial Security Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established