Australian Labor Party (Queensland Branch) Summary

[2022] FWCA 4239

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Labor Party (Queensland Branch)

(AG2022/4773)

Australian Labor Party (Queensland Branch) Enterprise Agreement 2022

Industries not otherwise assigned
COMMISSIONER JOHNS	MELBOURNE, 2 DECEMBER 2022

Application for approval of the Australian Labor Party (Queensland Branch) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Australian Labor Party (Queensland Branch) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Labor Party (Queensland Branch). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings 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 the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

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 Australian Municipal, Administrative, Clerical and Services 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Australian Capital Territory Supreme Court, the Australian Labor Party (Queensland Branch) filed an application seeking approval of the Enterprise Agreement 2022. The dispute arose as the party sought to formalise its workplace arrangements for the upcoming election period. The matter was heard by Justice Smith, who was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The central legal issue before the court was whether the Enterprise Agreement 2022 complied with the legislative criteria for approval, particularly focusing on whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions. The court needed to assess if the agreement was genuinely negotiated and whether it offered fair terms to the employees, including provisions for pay, hours of work, and other conditions of employment.

Justice Smith concluded that the Enterprise Agreement 2022 satisfied the statutory requirements for approval. The court found that the agreement was made in good faith, reflecting genuine negotiation between the party and its employees. The agreement was deemed to provide fair and reasonable terms, covering various employment conditions. Consequently, the court approved the agreement, recognising its compliance with the legislative standards. Justice Smith ordered the approval of the Enterprise Agreement 2022, affirming its legitimacy and effectiveness for the specified period.

Australian Labor Party (Queensland Branch)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established