DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia, acting through the Chief Executive Officer of Geoscience Australia
(AG2016/841)

GEOSCIENCE AUSTRALIA ENTERPRISE AGREEMENT 2016-2019

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 14 APRIL 2016

Application for approval of the Geoscience Australia Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Geoscience Australia 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 the Chief Executive Officer of Geoscience Australia. 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, the CPSU, the Community and Public Sector Union and The Association of Professional Engineers, Scientists and Managers, Australia, 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) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 14 April 2016 and, in accordance with s.54, will operate from 21 April 2016. The nominal expiry date of the Agreement is 13 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the Commonwealth of Australia, acting through the Chief Executive Officer of Geoscience Australia, applied for approval of the Geoscience Australia Enterprise Agreement 2016-2019. The applicant sought approval for the proposed enterprise agreement, which outlined terms and conditions of employment for the employees of Geoscience Australia, a government agency responsible for earth sciences research and information. The application was made in accordance with the provisions of the Fair Work Act 2009, and the dispute centred around the validity and fairness of the proposed agreement.

The primary legal issues before the court were whether the proposed agreement met the criteria for registration under section 233 of the Fair Work Act and whether it was in the best interests of the employees to be registered. The court had to consider whether the agreement provided for minimum entitlements, whether it was free from prohibited content, and whether it had been fairly negotiated. Additionally, the court examined if the agreement complied with the Better Off Overall Test (BOOT), ensuring that employees would not be worse off financially under the new agreement compared to their previous conditions.

The court thoroughly reviewed the evidence and submissions from both parties and determined that the proposed agreement met all the legal criteria for approval. The court found that the agreement provided for minimum entitlements, was free from prohibited content, and had been fairly negotiated. Furthermore, the court concluded that the agreement passed the BOOT, as employees would not be worse off financially. Given these findings, the court approved the Geoscience Australia Enterprise Agreement 2016-2019 and registered it under the Fair Work Act.

In light of the approval, the court issued an order that the Geoscience Australia Enterprise Agreement 2016-2019 be registered and deemed to have effect as a registered agreement under the Fair Work Act. The agreement was to be in force from the date of registration and would apply to all employees covered by the agreement, governing their terms and conditions of employment for the specified period.

Commonwealth of Australia, acting through the Chief Executive Officer of Geoscience Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established