DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Road Research Board
(AG2018/5734)

THE AUSTRALIAN ROAD RESEARCH BOARD ENTERPRISE AGREEMENT 2018

Clerical industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 20 MARCH 2019

Application for approval of The Australian Road Research Board Enterprise Agreement 2018.

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

[2] The Employer 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, 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] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Association of Professional Engineers, Scientists and Managers, Australia, 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2019. The nominal expiry date of the Agreement is 27 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Road Research Board (ARRB) sought approval of the 2018 Enterprise Agreement from the Fair Work Commission (FWC). The dispute involved the terms and conditions of employment for ARRB employees, specifically those outlined in the proposed agreement. The FWC, tasked with overseeing the approval process, was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The primary legal issues centred on whether the agreement provided for appropriate minimum wages and conditions, whether it allowed for fair and timely dispute resolution mechanisms, and whether it had been negotiated in good faith. The FWB had to assess the balance of the agreement, ensuring it was not contrary to public policy and was beneficial to the employees.

The FWC considered the provisions of the proposed agreement against the legislative framework, particularly the Fair Work Act 2009. The commission examined the negotiation process and whether the agreement had been reached through genuine collective bargaining. Additionally, the FWC evaluated the provisions regarding wages, conditions, and dispute resolution to ensure they were fair and reasonable. The FWC also considered submissions from both the ARRB and the union, weighing the benefits and detriments of the agreement to the employees. Ultimately, the FWC found that the proposed agreement was fair and reasonable, meeting all statutory requirements for approval.

In its decision, the FWC approved the Australian Road Research Board Enterprise Agreement 2018, finding it to be fair and reasonable for the employees covered by it. The commission confirmed that the agreement provided for appropriate minimum wages and conditions, and that it included fair and timely dispute resolution mechanisms. The FWC also determined that the agreement had been negotiated in good faith, in compliance with the requirements of the Fair Work Act 2009. The FWC's approval was based on a comprehensive assessment of the agreement's provisions, the negotiation process, and its overall impact on the employees. The decision concluded that the agreement was beneficial to the employees and did not contravene public policy.

Australian Road Research Board

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established