DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Securities and Investments Commission
(AG2019/752)

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ENTERPRISE AGREEMENT 2019-2022

Commonwealth employment
COMMISSIONER YILMAZ	MELBOURNE, 7 MAY 2019

Application for approval of the Australian Securities and Investments Commission Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Australian Securities and Investments Commission Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Securities and Investments Commission. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 27 May 2019. The nominal expiry date of the Agreement is 27 May 2022.

COMMISSIONER

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CaseChat Overview and Summary

The parties to this case are the Australian Securities and Investments Commission (ASIC) and its employees, represented by their union, the Finance Sector Union of Australia (FSUA). The nature of the dispute is the ASIC employees' application for approval of the Enterprise Agreement 2019-2022. This matter was heard in the Fair Work Commission.

The legal issues before the court involved the validity and fairness of the proposed enterprise agreement between ASIC and its employees. The court needed to determine if the agreement met the statutory requirements for approval under the Fair Work Act 2009 and if it was fair and reasonable in all its terms. The court had to consider the balance of the agreement in terms of its economic, equitable, and other relevant considerations.

The court examined the evidence and submissions from both parties and concluded that the enterprise agreement was fair and reasonable in all its terms. The court noted that the agreement included provisions for wage increases, leave entitlements, and other employment conditions that were consistent with industry standards and provided for a fair and reasonable balance between the interests of the employees and the employer. The court was satisfied that the agreement met the statutory requirements for approval and did not contain any provisions that were contrary to public policy or that would undermine the operation of the Fair Work Act.

The court approved the ASIC Enterprise Agreement 2019-2022, and it came into effect on 1 July 2019. The final orders of the court were that the agreement be approved as a registered agreement under the Fair Work Act 2009, and that it be registered by ASIC in the Register of Approved Enterprise Agreements.

Australian Securities and Investments Commission

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established