DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth Grants Commission
(AG2015/7017)

COMMONWEALTH GRANTS COMMISSION ENTERPRISE AGREEMENT 2015-2018

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 23 DECEMBER 2015

Application for approval of the Commonwealth Grants Commission Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Commonwealth Grants Commission Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Commonwealth Grants Commission. 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 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.

[4] The Agreement was approved on 23 December 2015 and, in accordance with s.54, will operate from 30 December 2015. The nominal expiry date of the Agreement is 22 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Commonwealth Grants Commission to approve an Enterprise Agreement for the period 2015 to 2018. The agreement was intended to regulate the terms and conditions of employment for the Commission's staff. The legal issues central to the case revolved around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically focusing on whether it complied with the "better off overall test" and the "no disadvantage test."

The Commission examined the proposed agreement's provisions to ensure that employees would not be worse off financially or in terms of conditions compared to what they would have received under the existing award or agreement. The Commission also considered whether the agreement would unfairly disadvantage a class of employees, ensuring that it did not undermine the existing industrial protections afforded to employees. After a thorough analysis, the Commission found that the agreement satisfied both the better off overall test and the no disadvantage test, thus meeting the requirements for approval under the Fair Work Act.

In reaching its decision, the Fair Work Commission considered the overall benefits provided by the agreement, including increased wages and other entitlements, alongside the potential disadvantages. It was determined that the benefits outweighed any disadvantages, and the agreement was deemed to provide a fair and reasonable set of terms for the employees. The Commission approved the Enterprise Agreement, highlighting its compliance with the statutory requirements and its potential to promote harmonious workplace relations. The Commission's approval was based on the comprehensive assessment that the agreement would provide a fair and efficient set of terms for the employees, aligned with the legislative framework.

Commonwealth Grants Commission

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established