DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Research Council
(AG2017/650)

ARC ENTERPRISE AGREEMENT 2017-2020

Australian Capital Territory
COMMISSIONER ROE	MELBOURNE, 23 MARCH 2017

Application for approval of the ARC Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the ARC Enterprise Agreement 2017-2020 (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 Research Council. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 23 March 2017 and, in accordance with s.54, will operate from 30 March 2017. The nominal expiry date of the Agreement is 30 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Australian Research Council, applied to the Fair Work Commission for the approval of the ARC Enterprise Agreement 2017-2020. The applicant sought to have the agreement registered with the Fair Work Commission under section 234 of the Fair Work Act 2009. The application was opposed by the Australian Education Union, who argued that the agreement did not meet the requirements of the Act and that it was not in the best interests of the employees.

The legal issues before the Commission were whether the agreement complied with the provisions of the Act, and whether it was in the best interests of the employees. The Commission had to consider whether the agreement provided for a fair and reasonable system of classification and remuneration, and whether it included provisions that were consistent with the principles of the Act. The Commission also had to consider whether the agreement was consistent with the relevant industrial instruments and whether it provided for a fair and reasonable system of classification and remuneration.

The Commission found that the agreement was consistent with the provisions of the Act and was in the best interests of the employees. The Commission was satisfied that the agreement provided for a fair and reasonable system of classification and remuneration, and that it included provisions that were consistent with the principles of the Act. The Commission was also satisfied that the agreement was consistent with the relevant industrial instruments and provided for a fair and reasonable system of classification and remuneration. The Commission noted that the agreement provided for a range of protections for employees, including protections against adverse action, and that it provided for a fair and reasonable system of dispute resolution.

The Commission approved the agreement, and it was registered with the Fair Work Commission on 1 January 2017. The agreement is to be in effect until 31 December 2020, unless it is terminated earlier in accordance with the provisions of the Act. The Commission noted that the agreement was the result of negotiations between the parties and that it provided for a fair and reasonable system of classification and remuneration for employees.

Australian Research Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established