DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Skills Quality Authority
(AG2017/3547)

AUSTRALIAN SKILLS QUALITY AUTHORITY ENTERPRISE AGREEMENT 2017-2020

Commonwealth employment
DEPUTY PRESIDENT KOVACIC	CANBERRA, 3 NOVEMBER 2017

Application for approval of the Australian Skills Quality Authority Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Australian Skills Quality Authority 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 Australian Skills Quality Authority. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Australian Skills Quality Authority. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 is approved and, in accordance with s.54 of the Act, will operate from 10 November 2017. The nominal expiry date of the Agreement is 10 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court, the applicant, Australian Skills Quality Authority, sought approval of the Australian Skills Quality Authority Enterprise Agreement 2017-2020. The dispute involved the terms of the enterprise agreement between the Australian Skills Quality Authority and its employees, specifically focusing on the process and legal compliance of the agreement's approval. The primary issue before the court was whether the agreement had been properly approved in accordance with the Fair Work Act 2009 and the Fair Work Regulations 2009.

The court examined the procedural requirements for the approval of enterprise agreements, including the necessity for a direct consultation process with employees and the proper communication of the agreement to them. It was critical to determine whether the Australian Skills Quality Authority had adequately followed these processes and whether the employees had been appropriately informed of the agreement and given a reasonable opportunity to provide input. The court also considered the substantive provisions of the agreement, ensuring they complied with the Act's minimum standards and did not unfairly disadvantage employees.

After reviewing the evidence and arguments presented, the court concluded that the applicant had fulfilled the necessary procedural requirements for the approval of the enterprise agreement. The Australian Skills Quality Authority had engaged in direct consultations with the employees, provided them with adequate information about the agreement, and allowed a reasonable period for feedback. The court found that the agreement met the minimum standards set by the Fair Work Act and did not contain any terms that were detrimental to the employees. Consequently, the court granted the approval of the Australian Skills Quality Authority Enterprise Agreement 2017-2020.

Australian Skills Quality Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established