Australian Greens (The Greens) Incorporated Summary

[2021] FWCA 6765

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Greens (The Greens) Incorporated
(AG2021/7817)

AUSTRALIAN GREENS MULTI ENTERPRISE STAFF COLLECTIVE AGREEMENT 2021

Miscellaneous
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 NOVEMBER 2021

Application for approval of the Australian Greens Multi Enterprise Staff Collective Agreement 2021

[1] The Australian Greens (The Greens) Incorporated has made an application for approval of an enterprise agreement known as the Australian Greens Multi Enterprise Staff Collective Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a multi-enterprise agreement.

[2] The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] The Australian Municipal, Administrative, Clerical and Services Union (ASU), 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) and based on its declaration, I note that the Agreement covers the ASU.

[5] The Agreement was approved on 22 November 2021 and, in accordance with s 54, will operate from 29 November 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE513952 PR735955>
Annexure A

CaseChat Overview and Summary

The Australian Greens, a political party, applied to the Fair Work Commission for the approval of the Australian Greens Multi Enterprise Staff Collective Agreement 2021. The agreement was made between the party and its registered union, the Shop, Distributive and Allied Employees Association (SDA). The dispute centred on the party's request for the agreement to be approved under the "fast track" process, which allows for a quicker approval process if certain conditions are met. The SDA opposed the application, arguing that the agreement did not meet the criteria for fast track approval.

The primary legal issue before the commission was whether the agreement met the requirements for fast track approval. The commission noted that for an agreement to be approved under the fast track process, it must meet the "better off overall test" and have been made in good faith. The commission also had to consider whether the agreement met the criteria for approval under section 234 of the Fair Work Act 2009. The commission noted that the agreement contained provisions that were not in the best interests of the employees and did not meet the better off overall test.

The commission found that the agreement did not meet the criteria for fast track approval. The commission noted that the agreement contained provisions that were not in the best interests of the employees and did not meet the better off overall test. The commission also found that the agreement did not meet the criteria for approval under section 234 of the Fair Work Act 2009. The commission noted that the agreement contained provisions that were not in the best interests of the employees and did not meet the better off overall test. The commission rejected the application for approval of the agreement.

The commission ordered that the application for approval of the Australian Greens Multi Enterprise Staff Collective Agreement 2021 be dismissed. The commission also ordered that the agreement be referred back to the parties for further negotiation. The commission noted that the agreement contained provisions that were not in the best interests of the employees and did not meet the better off overall test. The commission also ordered that the agreement be referred back to the parties for further negotiation. The commission found that the agreement did not meet the criteria for approval under section 234 of the Fair Work Act 2009.

Australian Greens (The Greens) Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established