Australian Labor Party (State of Queensland)

[2019] FWCA 5719

[2019] FWCA 5719

FAIR WORK COMMISSION

DECISION

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

Australian Labor Party (State of Queensland)
(AG2019/1009)

AUSTRALIAN LABOR PARTY (QUEENSLAND BRANCH) ENTERPRISE AGREEMENT 2019

Clerical industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 19 AUGUST 2019

Application for approval of the Australian Labor Party (Queensland Branch) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Labor Party (Queensland Branch) Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Australian Labor Party (State of Queensland) (Employer). The Agreement is a single enterprise agreement.

[2] The Notice of Employee Representational Rights (Notice) issued by the Employer was not in the form prescribed by the Fair Work Regulations 2009. Rather, it was in a form that has been superseded. Further, the Notice erroneously referred to the Agreement as the “Australian Labor Party (Queensland Branch) Certified Agreement 2016.” Having regard to the Employer’s written submissions, I am satisfied that these matters constitute minor procedural or technical errors and employees covered by the Agreement were not likely to have been disadvantaged by these errors. Accordingly, I consider that the Agreement has been genuinely agreed to within the meaning of s.188(2) of the Act. 1

[3] 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.

[4] Subject to the undertakings, 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.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Annexure A

 1   Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

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