DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Trade and Investment Commission (Austrade)
(AG2018/6930)

AUSTRADE ENTERPRISE AGREEMENT 2019-2022

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 15 JANUARY 2019

Application for approval of the Austrade Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Austrade 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 Trade and Investment Commission (Austrade). The Agreement is a single enterprise agreement.

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

[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 of the Act, will operate from 22 January 2019. The nominal expiry date of the Agreement is 21 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Australian Trade and Investment Commission, also known as Austrade, applied to the Fair Work Commission for the approval of the Austrade Enterprise Agreement 2019-2022. The respondents, including the Australian Council of Trade Unions and the Australian Services Union, opposed the application on various grounds, arguing that the agreement did not meet the legal requirements for approval. The dispute was heard in the Fair Work Commission, which had the authority to assess whether the agreement complied with the Fair Work Act 2009.

The primary legal issues the court had to address were whether the agreement contained the necessary provisions for employee protection, and if the process for approving the agreement was fair and lawful. Specifically, the court examined whether the agreement provided adequate terms and conditions for employees, including pay, hours of work, and dispute resolution mechanisms. Additionally, the court evaluated whether the agreement was made in accordance with the mandatory procedures set out in the Fair Work Act.

The court found that the Austrade Enterprise Agreement 2019-2022 did contain the necessary provisions to protect employees' rights and interests. The agreement included detailed provisions on pay rates, hours of work, leave entitlements, and mechanisms for resolving disputes. The court also concluded that the process for approving the agreement was fair and complied with the mandatory requirements of the Fair Work Act. The application for approval was therefore granted, and the agreement was registered with the Fair Work Commission.

As a result of the court's decision, the Austrade Enterprise Agreement 2019-2022 was approved and registered, providing a legally binding framework for the employment relationship between Austrade and its employees. This decision ensures that employees are protected under the terms and conditions outlined in the agreement, and that the process for approving the agreement was fair and lawful.

Australian Trade and Investment Commission (Austrade)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established