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 Rather, it was in a form that has been superseded.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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Labor Party (Queensland Branch) sought approval of their 2019 Enterprise Agreement. The matter was heard in the Fair Work Commission, with the Deputy President, J M Morris, presiding. The primary issue before the Court was whether the agreement met the requirements set forth in the Fair Work Act 2009, particularly in relation to its compliance with the "better off overall test" (BOOT). This test assesses whether the employees covered by the agreement would be no worse off financially and, ideally, better off overall compared to the applicable national safety net.

The Court examined the evidence presented, which included the party's submissions and the responses of the relevant stakeholders. The Deputy President considered the balance of rights and obligations, the financial implications for the employees, and the overall fairness of the agreement. The Court concluded that the agreement was fair and met the statutory criteria, including the BOOT. The Deputy President found that the proposed changes, while impacting some aspects of the employees' conditions, ultimately led to improved outcomes for the majority of the bargaining unit.

Consequently, the Court approved the Australian Labor Party (Queensland Branch) Enterprise Agreement 2019. This decision reflects the Court's determination that the agreement was fair and met all necessary statutory requirements, including the better off overall test. The approval allows the agreement to come into effect, binding the parties and ensuring the terms are legally enforceable.

Australian Labor Party (State of Queensland)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established