Australian Labor Party (State of Queensland) T/A ALP

[2013] FWCA 3808

FAIR WORK COMMISSION

DECISION

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

Australian Labor Party (State of Queensland) T/A ALP
(AG2013/1242)

AUSTRALIAN LABOR PARTY (QUEENSLAND BRANCH) CERTIFIED AGREEMENT 2013

Clerical industry
COMMISSIONER BOOTH	BRISBANE, 18 JUNE 2013

Application for approval of the Australian Labor Party (Queensland Branch) Certified Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Australian Labor Party (Queensland Branch) Certified Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Australian Labor Party (State of Queensland) T/A ALP.

[2] 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] On 14 June 2013 undertakings were provided by the employer. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Australian Labor Party (State of Queensland) T/A ALP, the applicants sought approval of the Australian Labor Party (Queensland Branch) Certified Agreement 2013. The application was heard in the Fair Work Commission, which has jurisdiction over matters related to workplace agreements and employment standards. The primary dispute centred around the validity and scope of the proposed certified agreement, which aimed to establish terms and conditions of employment for members of the Queensland Branch of the Australian Labor Party.

The legal issues that the Commission needed to address included whether the agreement was genuinely negotiated and if it complied with the relevant provisions of the Fair Work Act 2009. The applicants had to demonstrate that the agreement was made without coercion and that it covered the correct bargaining unit. Additionally, the Commission considered whether the agreement met the requirements for certification, such as ensuring fair and reasonable terms for the employees involved.

In its decision, the Commission thoroughly examined the evidence provided by the applicants and determined that the agreement was genuinely negotiated and covered the appropriate bargaining unit. The Commission found that the agreement contained fair and reasonable terms for the employees, and it complied with all statutory requirements for certification. Consequently, the Commission approved the Australian Labor Party (Queensland Branch) Certified Agreement 2013, acknowledging its validity and the parties' compliance with the Fair Work Act 2009.

As a result of the Commission's approval, the certified agreement is now in effect, governing the terms and conditions of employment for the members of the Queensland Branch of the Australian Labor Party. This decision ensures that the agreement is legally binding and provides a clear framework for the relationship between the party and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established