DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Institute of Family Studies
(AG2017/1737)

AUSTRALIAN INSTITUTE OF FAMILY STUDIES ENTERPRISE AGREEMENT 2017

Commonwealth employment
COMMISSIONER CIRKOVIC	MELBOURNE, 29 MAY 2017

Application for approval of the Australian Institute of Family Studies Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Institute of Family Studies Enterprise Agreement 2017 (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 Family Studies. 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 29 May 2017 and, in accordance with s.54, will operate from 5 June 2017. The nominal expiry date of the Agreement is 5 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of the Australian Institute of Family Studies Enterprise Agreement 2017. The parties involved were the Australian Institute of Family Studies as the employer and the Australian Services Union as the representative of the employees. The dispute centred on the terms and conditions of employment as outlined in the proposed enterprise agreement. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the proposed agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations 2009, particularly in relation to the enterprise bargaining process and the substantive terms of the agreement. The Commission also had to consider if the agreement provided for a fair and efficient bargaining process and if it met the requirements for good faith bargaining. Additionally, the Commission examined whether the agreement provided for the protection of employees' rights and interests and whether it aligned with relevant national employment standards.

In delivering its decision, the Commission found that the Australian Institute of Family Studies Enterprise Agreement 2017 was in compliance with the Fair Work Act and the Fair Work Regulations. The Commission determined that the bargaining process was conducted in good faith, and the agreement provided for a fair and efficient bargaining process. The substantive terms of the agreement were found to be reasonable and met the needs of both the employer and employees. The Commission concluded that the agreement provided for the protection of employees' rights and interests and aligned with relevant national employment standards. As a result, the Commission approved the enterprise agreement.

Australian Institute of Family Studies

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established