DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Office of Financial Management
(AG2015/3787)

AOFM ENTERPRISE AGREEMENT 2015-2018

Australian Capital Territory
COMMISSIONER ROE	MELBOURNE, 10 JULY 2015

Application for approval of the AOFM Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the AOFM Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Office of Financial Management. 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 10 July 2015 and, in accordance with s.54, will operate from 17 July 2015. The nominal expiry date of the Agreement is 17 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Australian Office of Financial Management (AOFM) brought an application to the Fair Work Commission (FWC) seeking approval of the AOFM Enterprise Agreement 2015-2018. The Australian Council of Trade Unions (ACTU) opposed the application, raising various objections, including that the agreement did not comply with the relevant federal legislation. The FWC was required to determine whether the agreement met the necessary criteria for approval under the Public Sector Management Act 1994 (Cth) and the Public Sector Act 2022 (Cth).

In evaluating the application, the FWC considered the statutory requirements for enterprise agreements in the public sector. The court examined whether the agreement addressed all mandatory bargaining items, provided for minimum wages and conditions, and complied with the relevant legislation. The FWC also assessed the fairness of the agreement, taking into account the principles of enterprise bargaining and the need for a balance between the interests of the employer and employees. The FWC found that the agreement met all statutory requirements and was fair and reasonable.

The FWC approved the AOFM Enterprise Agreement 2015-2018, determining that it complied with the relevant legislation and was fair and reasonable. The FWC considered that the agreement addressed all mandatory bargaining items, provided for minimum wages and conditions, and balanced the interests of the employer and employees. The FWC also noted that the agreement had been negotiated in good faith and reflected the views of both parties. The FWC's decision was based on a thorough analysis of the agreement and the relevant legislation.

The FWC's final order was that the AOFM Enterprise Agreement 2015-2018 be approved and registered as a certified agreement under the relevant federal legislation. The agreement was to be in effect from the date of the FWC's decision until the end of the agreed period, with the possibility of variation or termination in accordance with the relevant legislation. The FWC's decision provided clarity and certainty for both the AOFM and its employees, ensuring that the agreement was legally binding and enforceable.

Australian Office of Financial Management

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established