DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth Attorney-General's Department
(AG2019/4900)

ATTORNEY-GENERAL'S DEPARTMENT ENTERPRISE AGREEMENT 2019

Commonwealth employment
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 JANUARY 2020

Application for approval of the Attorney-General's Department Enterprise Agreement 2019

[1] The Commonwealth Attorney-General’s Department has made an application for approval of an enterprise agreement known as the Attorney-General’s Department Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 15 January 2020 and, in accordance with s 54(1)(b) and clause 7.01 of the Agreement, it will operate from 8 February 2020. The nominal expiry date of the Agreement is 8 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Commonwealth Attorney-General's Department applied for approval of the Attorney-General's Department Enterprise Agreement 2019. The application was made to the Fair Work Commission. The nature of the dispute involved whether the terms and conditions outlined in the enterprise agreement were fair and reasonable, and in line with the requirements of the Fair Work Act 2009. The application was heard by the Commission, which was tasked with determining the fairness and compliance of the proposed agreement with relevant labour laws.

The legal issues before the Commission centred on whether the terms of the proposed agreement met the criteria for approval under the Fair Work Act. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it aligned with the principles of the Act, such as promoting high levels of employment and earnings, and facilitating flexibility in the workplace. The Commission also needed to consider whether the agreement adequately addressed the needs and rights of employees, and whether it was negotiated in good faith.

In making its decision, the Commission examined the provisions of the proposed agreement, including the terms related to wages, working hours, leave entitlements, and other employment conditions. The Commission took into account submissions from the parties involved, including the Commonwealth Attorney-General's Department and relevant employee representatives. After careful consideration, the Commission found that the proposed agreement met the necessary standards for fairness and compliance with the Fair Work Act. The agreement was approved, reflecting the Commission's determination that it provided for fair and reasonable terms and conditions for employees within the department.

The Commission's final orders approved the Attorney-General's Department Enterprise Agreement 2019, confirming its compliance with the Fair Work Act. The approval ensures that the terms and conditions outlined in the agreement are legally binding and that the rights and obligations of both the employees and the employer are properly established and protected.

Commonwealth Attorney-General's Department

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established