DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Financial Security Authority
(AG2015/7708)

AUSTRALIAN FINANCIAL SECURITY AUTHORITY AGREEMENT 2015

Commonwealth employment
COMMISSIONER WILSON	MELBOURNE, 23 DECEMBER 2015

Application for approval of the Australian Financial Security Authority Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Australian Financial Security Authority Enterprise Agreement 2015 (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 Financial Security Authority. 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 (the CPSU), 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 2015. The nominal expiry date of the Agreement is 30 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Financial Security Authority (AFSA) applied to the Fair Work Commission (FWC) for approval of the Australian Financial Security Authority Enterprise Agreement 2015. The applicant argued that the agreement contained appropriate mechanisms for the resolution of workplace disputes. The dispute arose from the negotiation of the enterprise agreement, and the FWC was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the FWC was whether the dispute resolution mechanisms within the proposed agreement were compliant with the Fair Work Act. The FWC considered whether the provisions were appropriate for resolving workplace disputes, including whether they provided a fair and efficient means of resolving disputes and whether they were consistent with the principles of natural justice and procedural fairness. The FWC also examined whether the agreement provided for appropriate representation of employees and whether it adequately protected employees' rights.

The FWC found that the dispute resolution mechanisms within the proposed agreement were appropriate and compliant with the Fair Work Act. The FWC noted that the agreement provided for a multi-step dispute resolution process, including the use of conciliation and mediation before resorting to more formal processes. The FWC also found that the agreement provided for appropriate representation of employees and that it adequately protected employees' rights. The FWC concluded that the agreement met the requirements of the Fair Work Act and approved the Australian Financial Security Authority Enterprise Agreement 2015.

The FWC approved the Australian Financial Security Authority Enterprise Agreement 2015, effective from 1 April 2015. The agreement provides for a multi-step dispute resolution process, including the use of conciliation and mediation, and provides for appropriate representation of employees. The FWC's decision provides guidance for employers and employees in the negotiation of enterprise agreements and the resolution of workplace disputes.

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