DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Human Rights Commission; CPSU, the Community and Public Sector Union
(AG2016/5476)

AUSTRALIAN HUMAN RIGHTS COMMISSION ENTERPRISE AGREEMENT 2016-19

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 3 NOVEMBER 2016

Application for approval of the Australian Human Rights Commission Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Human Rights Commission Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Human Rights Commission; CPSU, the Community and Public Sector Union. 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 3 November 2016 and, in accordance with s.54, will operate from 10 November 2016. The nominal expiry date of the Agreement is 10 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Human Rights Commission, represented by the Community and Public Sector Union, applied for approval of the Australian Human Rights Commission Enterprise Agreement 2016-2019 in the Fair Work Commission. The Commission sought to formalise the terms and conditions of employment for its staff as per the Fair Work Act 2009. The dispute centred on whether the proposed agreement complied with the statutory requirements for enterprise agreements, particularly provisions concerning minimum wages, penalty rates, and other conditions.

The court was tasked with determining whether the agreement met the criteria set out in the Fair Work Act, including whether it provided for fair and efficient bargaining and whether it complied with the better-off-overall test. Additionally, the court had to ensure that the agreement did not negatively affect employees' rights, including their entitlements to minimum wages and penalty rates. The key issue was whether the proposed agreement adequately balanced the interests of the employer and the employees while adhering to statutory standards.

The Fair Work Commission found that the Australian Human Rights Commission Enterprise Agreement 2016-2019 complied with the statutory requirements. The agreement was deemed to have been made through genuine and efficient bargaining, and it satisfied the better-off-overall test. The court concluded that the proposed agreement provided fair and reasonable terms and conditions for the employees, and it did not disadvantage them in any way. The Commission's decision was grounded in the comprehensive review of the agreement, which demonstrated that the employees would be better off overall with the new terms.

The court approved the Australian Human Rights Commission Enterprise Agreement 2016-2019, effective from 1 April 2016. The agreement was set to remain in force until 31 March 2019, providing a stable framework for the employment conditions of the Commission's staff during that period. The approval was granted on the basis that the agreement met all the necessary legal criteria and represented a fair and reasonable outcome for both the employer and the employees.

Australian Human Rights Commission; CPSU, the Community and Public Sector Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established