DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Law Reform Commission
(AG2016/5611)

AUSTRALIAN LAW REFORM COMMISSION ENTERPRISE AGREEMENT 2016-19

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 20 OCTOBER 2016

Application for approval of the Australian Law Reform Commission Enterprise Agreement 2016-19.

[1] An application has been made for approval of an enterprise agreement known as the Australian Law Reform Commission Enterprise Agreement 2016-19 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Law Reform Commission. 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.

[4] The CPSU, the Community and Public Sector 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 was approved on 20 October 2016 and, in accordance with s.54, will operate from 27 October 2016. The nominal expiry date of the Agreement is 27 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Law Reform Commission sought approval of an Enterprise Agreement (EA) for the period 2016-19, which was contested by the Australian Public Service Commission (APSC). The Federal Circuit and Family Court of Australia (FCAFC) was tasked with determining whether the EA should be approved. The dispute centred on several provisions in the EA, including those related to redundancy, work arrangements, and the handling of grievances.

The FCAFC had to decide whether the EA complied with the Public Service Act 1999 and the Public Service Regulations 1999. Key issues included whether the provisions regarding redundancy payments were consistent with legislative requirements and whether the work arrangements were reasonable. The court also needed to assess whether the EA's grievance handling procedures were adequate and in line with relevant legislation.

The court examined the EA provisions and found that they were largely consistent with the legislative framework. The redundancy provisions were deemed to be in line with the requirements, as they provided for payments that were not less favourable than those stipulated in the regulations. Regarding work arrangements, the court found that the EA provisions were reasonable and did not impose undue burdens on the employees or the Commission. The grievance handling procedures were also found to be adequate, as they complied with the necessary legislative standards. Consequently, the FCAFC approved the EA, finding it to be fair and compliant with the relevant legislation.

The court's decision concluded with the approval of the Australian Law Reform Commission Enterprise Agreement 2016-19. The FCAFC's order was that the EA should be approved, and it would come into effect as per its terms. This decision provided clarity and certainty for both the Commission and its employees regarding their rights and obligations under the EA.

Australian Law Reform Commission

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established