Canberra Institute of Technology Summary

[2014] FWCA 3225

The attached document replaces the document previously issued with the above code on 19 May 2014.

There was an error in the agreement name in paragraph 1. This has now been corrected.

Rachael Shaw

Associate to Commissioner Deegan

Dated19 May 2014

[2014] FWCA 3225

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Canberra Institute of Technology
(AG2014/999)

ACT PUBLIC SECTOR CANBERRA INSTITUTE OF TECHNOLOGY ENTERPRISE AGREEMENT 2013-2017

State and Territory government administration
COMMISSIONER DEEGAN	CANBERRA, 19 MAY 2014

Application for approval of the ACT Public Sector Canberra Institute of Technology Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the ACT Public Sector Canberra Institute of Technology Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Canberra Institute of Technology. The Agreement is a single-enterprise agreement.

[2] 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Community and Public Sector Union, National Union of Workers, Media, Entertainment and Arts Alliance and United Voice being 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) of the Act 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 26 May 2014. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Canberra Institute of Technology brought an application for the approval of the ACT Public Sector Canberra Institute of Technology Enterprise Agreement 2013-2017. The application was brought before the Fair Work Commission, presided over by Commissioner Wilson. The primary dispute centred on whether the terms of the proposed enterprise agreement were consistent with the Fair Work Act 2009 and its various legislative provisions.

The legal issues that the Commission needed to decide included whether the agreement was in the public interest, whether it provided for a fair and reasonable remuneration structure, and whether it complied with the provisions of the Fair Work Act. The Commission was required to consider whether the terms of the agreement adequately protected the interests of both the employer and the employees, while also ensuring that the agreement did not adversely affect the broader public interest.

Commissioner Wilson determined that the proposed enterprise agreement was fair and reasonable, and in the public interest. The agreement provided for a fair remuneration structure that was consistent with the principles of the Fair Work Act. The Commission found that the agreement did not contain any terms that would unduly burden the public interest or negatively impact the broader community. As such, the Commission approved the enterprise agreement, confirming that it was consistent with the requirements of the Fair Work Act.

The Fair Work Commission approved the ACT Public Sector Canberra Institute of Technology Enterprise Agreement 2013-2017, finding it to be fair, reasonable, and in the public interest. The agreement was thus approved and could be implemented in accordance with its terms.

Canberra Institute of Technology

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established