Australian Municipal, Administrative, Clerical and Services Union

[2023] FWCA 1681

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Municipal, Administrative, Clerical and Services Union

(AG2023/1679)

TOGETHER QUEENSLAND STAFF COLLECTIVE AGREEMENT 2023

Clerical industry
DEPUTY PRESIDENT DEAN	CANBERRA, 9 JUNE 2023

Application for approval of the Together Queensland Staff Collective Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Together Queensland Staff Collective Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Municipal, Administrative, Clerical and Services Union. The Agreement is a single enterprise agreement.

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.

I note that the provisions of S3.22 at Schedule 3 are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2023. The nominal expiry date of the Agreement is 31 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Municipal, Administrative, Clerical and Services Union applied to the Fair Work Commission for approval of the Together Queensland Staff Collective Agreement 2023. The dispute arose as the applicant sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The Commission was required to determine whether the agreement met the requirements for registration as set out in the legislation.

The central legal issue before the Commission was whether the collective agreement complied with the statutory criteria for registration, specifically whether it satisfied the procedural and substantive requirements. This included ensuring the agreement was made in good faith, was free from unlawful content, and that the bargaining process adhered to the prescribed procedures. The Commission also needed to consider whether the agreement contained provisions that were contrary to public policy or otherwise unenforceable.

The Fair Work Commission found that the Together Queensland Staff Collective Agreement 2023 met all the necessary criteria for registration. The agreement was made in good faith, and the bargaining process complied with the legal requirements. The Commission also determined that the agreement did not contain any unlawful content and was not contrary to public policy. As a result, the application for approval was successful.

The Fair Work Commission approved the Together Queensland Staff Collective Agreement 2023 as a registered agreement. This decision ensures that the agreement will be legally binding on the parties involved and enforceable under the Fair Work Act 2009. The approval of the agreement facilitates the implementation of its terms and conditions, providing certainty and protection for the employees and employers covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established