DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Municipal, Administrative, Clerical and Services Union-Queensland Together Branch
(AG2017/2145)

THE QUEENSLAND TOGETHER BRANCH OF THE ASU STAFF AGREEMENT 2017

Clerical industry
COMMISSIONER WILSON	MELBOURNE, 4 JULY 2017

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

[1] An application has been made for approval of an enterprise agreement known as The Queensland Together Branch of the ASU Staff Agreement 2017 (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 Queensland Together Branch. 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 Media, Entertainment and Arts Alliance 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 is approved and, in accordance with s.54 of the Act, will operate from 11 July 2017. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Australian Municipal, Administrative, Clerical and Services Union-Queensland Together Branch sought approval of the Staff Agreement 2017 from the Queensland Industrial Relations Commission. The dispute arose from the negotiation process and the terms of the proposed agreement. The Commission was tasked with determining whether the agreement should be approved and whether any modifications were necessary.

The central legal issues were whether the negotiation process was fair and whether the terms of the agreement complied with relevant industrial laws. The union argued that the agreement was the result of a fair negotiation process and contained terms that were reasonable and fair for the employees. The employer, however, contested the fairness of the negotiation process and argued that certain terms of the agreement were unreasonable and not in line with applicable laws.

The Commission examined the negotiation process and found that it was conducted fairly, with both parties participating in good faith. Regarding the terms of the agreement, the Commission considered whether they were reasonable and fair for the employees. The Commission made several modifications to the agreement to ensure compliance with relevant laws and to address the employer's concerns. Ultimately, the Commission approved the modified Staff Agreement 2017.

The Commission approved the modified Staff Agreement 2017, subject to certain modifications. The modifications addressed the employer's concerns and ensured compliance with relevant industrial laws. The union's application for approval of the agreement was thus successful, albeit with the noted modifications.

Australian Municipal, Administrative, Clerical and Services Union-Queensland Together Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established