DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS)
(AG2018/5118)

AUSTRALIAN INSTITUTE OF ABORIGINAL AND TORRES STRAIT ISLANDER STUDIES ENTERPRISE AGREEMENT 2018 – 2021

Commonwealth employment
DEPUTY PRESIDENT KOVACIC	CANBERRA, 7 FEBRUARY 2019

Application for approval of the Australian Institute of Aboriginal and Torres Strait Islander Studies Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Australian Institute of Aboriginal and Torres Strait Islander Studies Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS). The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2019. The nominal expiry date of the Agreement is 14 February 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) sought approval of an Enterprise Agreement for the years 2018 to 2021. The application was lodged in the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The nature of the dispute centred on various provisions of the proposed agreement, including those related to employee entitlements, classification, and the overall fairness and reasonableness of the terms.

The legal issues before the Commission required it to examine whether the agreement was genuinely a bargain between the parties, whether it was made in good faith, and whether it met the "better off overall test." Additionally, the Commission had to consider whether the agreement contained provisions that were contrary to public policy or were otherwise unfair. The Commission also needed to assess if the agreement adequately protected the interests of employees and complied with relevant legislative requirements.

The Fair Work Commission determined that the AIATSIS Enterprise Agreement 2018-2021 was fair and reasonable. The Commission found that the agreement represented a genuine bargain, was made in good faith, and met the better off overall test. The Commission also concluded that the agreement did not contain any provisions that were contrary to public policy or unfair to employees. Furthermore, the Commission was satisfied that the agreement adequately protected the interests of the employees and complied with all relevant legislative requirements. As such, the Commission approved the agreement.

The Fair Work Commission approved the AIATSIS Enterprise Agreement 2018-2021, and it came into effect on 1 July 2018. The decision of the Commission is a significant milestone for the parties involved, providing a framework for industrial relations between AIATSIS and its employees for the specified period. The approval of the agreement ensures that the employees' rights and entitlements are protected and that the Institute can continue to operate effectively within the agreed terms.

Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established