DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian National Audit Office
(AG2016/787)

AUSTRALIAN NATIONAL AUDIT OFFICE ENTERPRISE AGREEMENT 2016-2019

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 14 APRIL 2016

Application for approval of the Australian National Audit Office Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian National Audit Office Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian National Audit Office. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement was approved on 14 April 2016 and, in accordance with s.54, will operate from 21 April 2016. The nominal expiry date of the Agreement is 13 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Australian National Audit Office (ANAO) and the Public Service Commission, with the dispute centred on the approval of the Australian National Audit Office Enterprise Agreement 2016-2019. The Commission was tasked with determining whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009. The application for approval was brought forth by the ANAO, and the Public Service Commission acted as the respondent.

The central legal issues addressed by the Commission revolved around whether the proposed agreement provided for the necessary minimum terms and conditions, and whether it complied with the statutory requirements for enterprise agreements. Specifically, the Commission had to examine whether the agreement satisfied the 'better off overall test' and ensured that employees were not worse off financially compared to their previous conditions. Additionally, the Commission needed to assess whether the agreement included the mandated minimum terms and conditions stipulated in the Fair Work Act.

The Fair Work Commission deliberated on the application, reviewing the detailed provisions of the proposed agreement. The Commission found that the agreement met the statutory requirements for approval, including the better off overall test. It was determined that the agreement provided for terms and conditions that were no less favourable than those previously in place and included all the mandated minimum terms and conditions. Consequently, the Commission approved the Australian National Audit Office Enterprise Agreement 2016-2019, confirming its compliance with the necessary legal standards.

In summary, the Fair Work Commission granted the application for approval of the Australian National Audit Office Enterprise Agreement 2016-2019, recognising that it satisfied all the legislative criteria for enterprise agreements under the Fair Work Act 2009. This decision was based on a thorough assessment of the agreement's provisions and its alignment with the statutory requirements, ensuring that employees' rights and conditions were adequately protected.

Australian National Audit Office

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established