DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Public Service Commission
(AG2015/3910)

AUSTRALIAN PUBLIC SERVICE COMMISSION ENTERPRISE AGREEMENT 2015-18

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 22 JULY 2015

Application for approval of the Australian Public Service Commission Enterprise Agreement 2015-18.

[1] An application has been made for approval of an enterprise agreement known as the Australian Public Service Commission Enterprise Agreement 2015-18 (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 Public Service Commission. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 29 July 2015. The nominal expiry date of the Agreement is 29 July 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Australian Public Service Commission, which applied for approval of the Australian Public Service Commission Enterprise Agreement 2015-18. The Commission sought the agreement's approval under section 234 of the Fair Work Act 2009. The nature of the dispute centred on whether the agreement met the statutory requirements for approval, including compliance with minimum standards and the fairness of the terms and conditions.

The legal issues before the Commission included whether the proposed enterprise agreement satisfied the criteria for approval under the Fair Work Act, specifically the obligation to provide for minimum terms and conditions, and whether it was in the interests of employees. The Commission needed to determine if the agreement provided for fair and reasonable terms, including matters such as minimum wages, penalty rates, leave entitlements, and other employment conditions. The Commission also had to consider the views of the relevant unions and the fairness of the agreement to the employees.

After thorough examination of the proposed agreement, the Commission found that it met the statutory requirements for approval. The Commission determined that the agreement provided for minimum terms and conditions and was in the interests of the employees. The Commission took into account the submissions from the unions and the overall fairness of the terms. Consequently, the Commission approved the agreement, recognising its compliance with the Fair Work Act and its benefits for the employees. This decision ensured that the Australian Public Service Commission Enterprise Agreement 2015-18 would be implemented as intended.

Australian Public Service Commission

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established