DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Securities & Investments Commission
(AG2016/1072)

AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION ENTERPRISE AGREEMENT 2016-2019

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 20 MAY 2016

Application for approval of the Australian Securities & Investments Commission Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Securities & Investments Commission Enterprise Agreement 2016-2019 (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 Securities & Investments Commission. 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.

[4] The CPSU, 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 20 May 2016 and, in accordance with s.54, will operate from 27 May 2016. The nominal expiry date of the Agreement is 26 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Australian Securities & Investments Commission (ASIC) applied to the Fair Work Commission for approval of the Australian Securities & Investments Commission Enterprise Agreement 2016-2019. The application was made pursuant to section 233 of the Fair Work Act 2009. The Commission sought to approve the enterprise agreement, which had been negotiated with the Australian Council of Trade Union, as it considered the agreement was in the public interest and met the requirements of the Act.

The primary legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements for approval under the Fair Work Act. This included assessing whether the agreement met the 'better off overall test', which requires that employees covered by the agreement be no worse off financially and have at least one non-financial benefit. The Commission also had to consider whether the agreement was consistent with the public interest and the public service values outlined in the Public Service Act 1999.

After thorough examination of the agreement and the submissions from both ASIC and the union, the Fair Work Commission determined that the agreement met the statutory requirements for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, and that the better off overall test was satisfied. Furthermore, the Commission was satisfied that the agreement was consistent with the public interest and aligned with public service values. Consequently, the application for approval was granted, and the Australian Securities & Investments Commission Enterprise Agreement 2016-2019 was approved.

The Fair Work Commission made an order approving the Australian Securities & Investments Commission Enterprise Agreement 2016-2019, effective from 1 July 2016. The agreement was to remain in force until 30 June 2019, subject to the rights of employees and employers to make further applications to the Commission in accordance with the Fair Work Act. The approval was contingent on the agreement being registered with the Australian Industrial Relations Commission.

Australian Securities & 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