DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Australian Municipal, Administrative, Clerical and Services Union
(AG2020/4020)

THE QUEENSLAND TOGETHER BRANCH OF THE ASU STAFF AGREEMENT 2017

Clerical industry
COMMISSIONER WILSON	MELBOURNE, 27 JANUARY 2021

Application for variation of the Queensland Together Branch of the ASU Staff Agreement 2017.

[1] An application has been made for approval of a variation to the Queensland Together Branch of the ASU Staff Agreement 2017 (the Agreement). The application was made by Australian Municipal, Administrative, Clerical and Services Union pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on
4 July 2017. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 27 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Municipal, Administrative, Clerical and Services Union (ASU) applied to the Fair Work Commission for a variation of the Queensland Together Branch of the ASU Staff Agreement 2017. The application aimed to alter the classification of certain staff members within the agreement. The Queensland Government opposed the application. The Commission was tasked with determining whether the proposed variations were appropriate and necessary, and if they aligned with the principles of good faith bargaining and industrial fairness.

The legal issues before the Commission involved interpreting the terms of the existing agreement and assessing whether the proposed changes were consistent with the objectives of the Fair Work Act. The Commission considered the principles of good faith bargaining, the nature of the changes proposed, and whether the changes were necessary and appropriate in the circumstances. The ASU argued that the changes were required to accurately reflect the roles and responsibilities of certain staff members, while the Queensland Government contended that the changes were not warranted and would disrupt industrial relations.

The Fair Work Commission found that the proposed variations were necessary to ensure the agreement accurately reflected the current roles and responsibilities of the staff members. The Commission emphasised the importance of maintaining good faith in the bargaining process and ensuring that the terms of the agreement were fair and reasonable. The Commission concluded that the changes proposed by the ASU were appropriate and should be implemented to reflect the current industrial reality.

The Fair Work Commission granted the application for variation of the Queensland Together Branch of the ASU Staff Agreement 2017, with the changes taking effect as per the terms outlined in the decision. The Queensland Government was directed to implement the variations in accordance with the decision, ensuring that the agreement accurately reflected the roles and responsibilities of the staff members. The decision highlighted the importance of maintaining good faith in the bargaining process and ensuring that the terms of the agreement were fair and reasonable.

Australian Municipal, Administrative, Clerical and Services Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established