DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia (acting through and represented by the Department of Education and Training)
(AG2016/687)

DEPARTMENT OF EDUCATION AND TRAINING ENTERPRISE AGREEMENT 2016–2019

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 1 APRIL 2016

Application for approval of the Department of Education and Training Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Department of Education and Training Enterprise Agreement 2016-2019 (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 of Australia (acting through and represented by the Department of Education and Training). 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 1 April 2016 and, in accordance with s.54, will operate from 8 April 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Commonwealth of Australia, through the Department of Education and Training, applied for the approval of the Department of Education and Training Enterprise Agreement 2016-2019. The application was made in the Fair Work Commission, which has the authority to approve such agreements under the Fair Work Act 2009. The dispute arose as the parties could not reach a consensus on certain terms of the agreement, necessitating the intervention of the Commission.

The primary legal issue before the Commission was whether the terms of the proposed enterprise agreement met the statutory requirements for approval. This involved assessing if the agreement complied with the provisions of the Fair Work Act, including the requirement that the agreement must not provide for terms and conditions that are less favourable than the applicable national safety and service award. Another key issue was whether the agreement contained provisions that were contrary to public policy or could potentially undermine the objectives of the Fair Work Act.

The Commission carefully examined the terms of the agreement and considered submissions from both parties. It determined that the agreement generally complied with the statutory requirements, with minor modifications to ensure alignment with the applicable award. The Commission also found that the agreement did not contravene public policy or the objectives of the Fair Work Act. After making the necessary amendments, the Commission approved the enterprise agreement, finding it to be fair and reasonable.

The final orders included the approval of the Department of Education and Training Enterprise Agreement 2016-2019, with specific modifications to certain clauses to ensure compliance with the applicable award. The agreement was thus approved with these amendments, allowing it to take effect from the specified commencement date.

Commonwealth of Australia (acting through and represented by the Department of Education and Training)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established