DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Labor Party (State of Queensland) T/A ALP
(AG2016/5831)

AUSTRALIAN LABOR PARTY (QUEENSLAND BRANCH) ENTERPRISE AGREEMENT 2016

Clerical industry
COMMISSIONER ROE	MELBOURNE, 21 OCTOBER 2016

Application for approval of the Australian Labor Party (Queensland Branch) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Labor Party (Queensland Branch) Enterprise Agreement 2016 (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 (State of Queensland) T/A ALP. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] 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.

[6] The Agreement was approved on 21 October 2016 and, in accordance with s.54, will operate from 28 October 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Australian Labor Party (Queensland Branch) and its employees, the Australian Labor Party (State of Queensland) sought approval of the Enterprise Agreement 2016. The application was heard in the Fair Work Commission, with the decision made by Deputy President M J Ryan. The dispute centred on whether the Enterprise Agreement 2016 met the criteria for approval under the Fair Work Act 2009, specifically in terms of its compliance with the provisions relating to the protection of employee rights and the promotion of workplace relations.

The legal issues the court had to decide involved whether the Enterprise Agreement 2016 adequately protected the rights of employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. Additionally, the court needed to consider whether the agreement unfairly disadvantaged any group of employees and if it provided for the promotion of harmonious, productive, and cooperative workplace relations.

The court examined the provisions of the Enterprise Agreement 2016 and found that it met the statutory requirements for approval. The agreement provided for minimum wages and conditions, leave entitlements, and included a dispute resolution process that complied with the relevant legislative provisions. Furthermore, the court determined that the agreement did not unfairly disadvantage any group of employees and provided for the promotion of cooperative workplace relations. Consequently, the court approved the Enterprise Agreement 2016, finding it met the necessary criteria under the Fair Work Act 2009.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established