Australian Institute Of Marine Science

[2020] FWCA 1919

[2020] FWCA 1919

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Institute Of Marine Science
(AG2020/703)

AUSTRALIAN INSTITUTE OF MARINE SCIENCE (AIMS) ENTERPRISE AGREEMENT 2020 - 2023

Commonwealth employment
COMMISSIONER HUNT	BRISBANE, 14 APRIL 2020

Application for approval of the Australian Institute of Marine Science Enterprise (AIMS) Agreement 2020 - 2023.

[1] The Australian Institute of Marine Science (the Employer) has applied for approval of an enterprise agreement known as the Australian Institute of Marine Science (AIMS) Enterprise Agreement 2020 – 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the Community and Public Sector Union (the CPSU), the Australian Manufacturing Workers’ Union (the AMWU) and the employee bargaining representatives for the Agreement regarding the undertakings.

[3] The AMWU wrote to my chambers advising that it did not have any issues it wished to raise, and it supports the Commission determining the matter based on the material before it. The CPSU wrote to my chambers advising that it was satisfied with the undertakings provided by the Employer. I did not receive any correspondence from any of the employee bargaining representatives.

[4] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[5] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The AMWU and the CPSU being a bargaining representative for the Agreement have given notice under s.183 of the Act that they want the Agreement to cover them. The Form F18 from the CPSU, being a statutory declaration was not sworn before an appropriately qualified witness. Pursuant to Rule 6 of the Fair Work Commission Rules and in accordance with paragraphs 14–17 of the Statement issued by the President of the Commission on 31 March 2020, in the circumstances I consider it appropriate to dispense with compliance with the Rules and approve the application. In accordance with s.201(2) of the Act I note that the Agreement covers the AMWU and the CPSU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2020. The nominal expiry date of the Agreement is 21 April 2023.

COMMISSIONER

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Annexure A: