DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Public Service Commission
(AG2018/3263)

THE AUSTRALIAN PUBLIC SERVICE COMMISSION ENTERPRISE AGREEMENT 2018-21

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 31 OCTOBER 2018

Application for approval of the Australian Public Service Commission Enterprise Agreement 2018-21.

[1] An application has been made for approval of an enterprise agreement known as the Australian Public Service Commission Enterprise Agreement 2018-21 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Public Service Commission. The Agreement is a single enterprise agreement.

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

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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 is approved and, in accordance with s.54 of the Act, will operate from 7 November 2018. The nominal expiry date of the Agreement is 7 November 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Australian Public Service Commission, sought approval of the Australian Public Service Commission Enterprise Agreement 2018-21, from the Fair Work Commission. The Commission argued that the proposed agreement contained terms that were necessary to ensure the efficient and effective operation of the public service and the efficient delivery of government services. The application was contested by the Public Service Association, which argued that the proposed agreement contained terms that were inconsistent with the Fair Work Act and the principles of industrial justice.

The Commission was required to determine whether the proposed agreement contained terms that were inconsistent with the Fair Work Act and the principles of industrial justice. The Commission found that the proposed agreement contained terms that were necessary to ensure the efficient and effective operation of the public service and the efficient delivery of government services. The Commission also found that the proposed agreement contained terms that were consistent with the Fair Work Act and the principles of industrial justice. The Commission approved the proposed agreement, subject to certain modifications.

The Commission found that the proposed agreement contained provisions that were necessary to ensure the efficient and effective operation of the public service and the efficient delivery of government services. The Commission found that the proposed agreement contained provisions that were consistent with the Fair Work Act and the principles of industrial justice. The Commission approved the proposed agreement, subject to certain modifications. The Commission made orders approving the Australian Public Service Commission Enterprise Agreement 2018-21, subject to certain modifications.

Australian Public Service Commission

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established