DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Greens (The Greens) Incorporated T/A Australian Greens
(AG2018/6726)

THE AUSTRALIAN GREENS STAFF COLLECTIVE AGREEMENT 2018

Clerical industry
COMMISSIONER GREGORY	MELBOURNE, 8 APRIL 2019

Application for approval of The Australian Greens Staff Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as The Australian Greens Staff Collective 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 Greens (The Greens) Incorporated T/A Australian Greens. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Greens, an incorporated political party, sought approval of the Australian Greens Staff Collective Agreement 2018 from the Fair Work Commission. The Australian Council of Trade Unions (ACTU) intervened in the proceedings as an interested party. The nature of the dispute was the formal approval of a staff collective agreement, which the party argued was necessary to avoid industrial action by its employees.

The legal issues before the Commission were whether the agreement satisfied the requirements under the Fair Work Act 2009, including whether it was a "good faith" agreement, and if it complied with the relevant provisions of the Act. The primary concern was whether the agreement adequately addressed the terms and conditions of employment for the staff members and whether it was negotiated in good faith.

In its decision, the Commission considered the nature of the bargaining process and the content of the agreement. The Commission found that the agreement was negotiated in good faith and that it contained the necessary provisions for a "good faith" agreement. The Commission noted the absence of some minor details but concluded that these did not detract from the overall fairness and appropriateness of the agreement. The Commission approved the agreement, noting the parties' commitment to resolving their differences amicably and the absence of any industrial action during the negotiation process.

The Commission's final order was the approval of the Australian Greens Staff Collective Agreement 2018, effective from the date of the decision. This decision provided certainty for the parties and allowed the agreement to be implemented, ensuring the continued operation of the political party without industrial disruptions.

Australian Greens (The Greens) Incorporated T/A Australian Greens

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established