DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Fisheries Management Authority
(AG2016/3204)

AUSTRALIAN FISHERIES MANAGEMENT AUTHORITY ENTERPRISE AGREEMENT 2016

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 16 JUNE 2016

Application for approval of the Australian Fisheries Management Authority Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Fisheries Management Authority Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Fisheries Management 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 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.

[4] The Agreement was approved on 16 June 2016 and, in accordance with s.54, will operate from 23 June 2016. The nominal expiry date of the Agreement is 22 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Australian Fisheries Management Authority and its application for approval of the Australian Fisheries Management Authority Enterprise Agreement 2016. The dispute centred on the proposed terms and conditions outlined in the agreement, which were intended to govern the employment of staff within the authority. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act, particularly in relation to the procedural fairness and substantive fairness of the agreement. The Commission needed to assess if the agreement provided for minimum terms and conditions that were no less favourable than the applicable national workplace determinations, and if it adhered to the procedural requirements for employee consultation and negotiation.

The Commission found that the agreement was procedurally fair, as it was the outcome of genuine bargaining between the employer and employees, and the employer had provided sufficient information to allow employees to make an informed decision. However, the Commission noted that the agreement did not explicitly include all minimum terms and conditions, as required by the Fair Work Act. Despite this, the Commission determined that the agreement was substantively fair and met the statutory requirements, as the terms and conditions provided for in the agreement were no less favourable than those provided by the applicable national workplace determinations. The Commission approved the agreement, subject to certain conditions, including the addition of a clause to explicitly include all minimum terms and conditions.

The Fair Work Commission approved the Australian Fisheries Management Authority Enterprise Agreement 2016, subject to certain conditions. These conditions included the addition of a clause to explicitly include all minimum terms and conditions, as required by the Fair Work Act. The Commission also required the parties to undertake a review of the agreement within two years of the approval date, to ensure that it continued to meet the statutory requirements. The approval of the agreement was a significant step forward in ensuring that the employees of the Australian Fisheries Management Authority had a fair and effective enterprise agreement governing their employment terms and conditions.

Australian Fisheries Management Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established