DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Taxation Office
(AG2017/2747)

AUSTRALIAN TAXATION OFFICE (ATO) ENTERPRISE AGREEMENT 2017

Commonwealth employment
DEPUTY PRESIDENT KOVACIC	CANBERRA, 27 JULY 2017

Application for approval of the Australian Taxation Office (ATO) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Taxation Office (ATO) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Taxation Office. 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 Taxation Office. 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 Australian Municipal, Administrative, Clerical and Services Union and CPSU, and the Community and Public Sector Union being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 August 2017. The nominal expiry date of the Agreement is 3 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Attachment 1

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Taxation Office (ATO) sought approval for its Enterprise Agreement 2017. The applicant, the ATO, is a Commonwealth authority responsible for administering tax and superannuation laws. The dispute centred around the terms and conditions outlined in the proposed agreement, specifically whether it complied with relevant industrial laws and standards. The Commission was tasked with determining if the agreement provided fair and reasonable terms for ATO employees.

The primary legal issues before the Commission were whether the proposed agreement complied with the Fair Work Act 2009 and whether it provided fair and reasonable terms for employees. The Commission had to consider whether the agreement met the criteria for approval, including ensuring it did not undermine the safety, health, or welfare of employees, and that it did not have an adverse effect on the efficient operation of the ATO. Furthermore, the Commission needed to examine whether the agreement appropriately balanced the interests of the employer and employees.

After reviewing the submissions and evidence from both the ATO and the union representatives, the Commission found that the Enterprise Agreement 2017 provided fair and reasonable terms for ATO employees. The Commission noted that the agreement included provisions for fair treatment, adequate remuneration, and appropriate working conditions, which aligned with the principles set out in the Fair Work Act. It was determined that the agreement did not compromise the safety, health, or welfare of employees and did not adversely affect the efficient operation of the ATO. Consequently, the Commission approved the application for the ATO Enterprise Agreement 2017.

The Fair Work Commission approved the application for the Australian Taxation Office Enterprise Agreement 2017, confirming its compliance with the Fair Work Act and its provision of fair and reasonable terms for ATO employees.

Australian Taxation Office

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established