DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia acting through and represented by the Royal Australian Mint
(AG2016/2419)

ROYAL AUSTRALIAN MINT ENTERPRISE AGREEMENT 2016-2019

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 22 MARCH 2016

Application for approval of the Royal Australian Mint Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Royal Australian Mint 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 Commonwealth of Australia acting through and represented by the Royal Australian Mint. 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, The Association of Professional Engineers, Scientists and Managers Australia, and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representative 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) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 22 March 2016 and, in accordance with s.54, will operate from 29 March 2016. The nominal expiry date of the Agreement is 21 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Commonwealth of Australia, acting through and represented by the Royal Australian Mint, applied to the Fair Work Commission for approval of the Royal Australian Mint Enterprise Agreement 2016-2019. The application was made under the Fair Work Act 2009. The applicants sought to have the agreement registered and declared as a registered agreement for the purposes of the Act.

The primary legal issue before the Commission was whether the proposed enterprise agreement was in compliance with the requirements of the Fair Work Act and the Fair Work Regulations 2009. This involved examining whether the agreement met the criteria for being a "single-enterprise agreement" and whether it complied with the "better off overall test" and other relevant provisions of the Act. The Commission also had to consider whether the agreement contained provisions that were contrary to public policy or contravened any other law.

The Fair Work Commission determined that the Royal Australian Mint Enterprise Agreement 2016-2019 was compliant with the requirements of the Fair Work Act and the Fair Work Regulations. The Commission found that the agreement was a single-enterprise agreement and that it met the better off overall test, as it provided for a range of improvements to the employees' terms and conditions of employment. The Commission also found that the agreement did not contravene any public policy or other law. Accordingly, the Commission approved the agreement and ordered that it be registered as a registered agreement.

The Commission made an order approving the Royal Australian Mint Enterprise Agreement 2016-2019 and declaring it to be a registered agreement for the purposes of the Fair Work Act. The order also provided that the agreement would commence on 1 July 2016 and would remain in force until 30 June 2019. The order further provided that the agreement could be varied or terminated in accordance with the provisions of the Fair Work Act.

Commonwealth of Australia acting through and represented by the Royal Australian Mint

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established