Commonwealth of Australia as Represented by Australian Transaction Reports and Analysis Centre (AUSTRAC)

[2016] FWCA 1724

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Commonwealth of Australia as represented by Australian Transaction

Reports and Analysis Centre (AUSTRAC)

(AG2016/447)

AUSTRAC ENTERPRISE AGREEMENT 2016-2019

Australian Capital Territory

COMMISSIONER LEE

MELBOURNE, 21 MARCH 2016

Application for approval of the AUSTRAC Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the

AUSTRAC 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 as represented by Australian Transaction Reports and Analysts

Centre (AUSTRAC). 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.
[2016] FWCA 1724

[4] The Agreement was approved on 21 March 2016 and, in accordance with s.54, will

operate from 28 March 2016. The nominal expiry date of the Agreement is 20 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Commonwealth of Australia as represented by the Australian Transaction Reports and Analysis Centre (AUSTRAC), the Federal Court was asked to approve the AUSTRAC Enterprise Agreement 2016-2019. The applicant sought approval under section 185 of the Fair Work Act 2009, which requires the Fair Work Commission to approve an enterprise agreement if it meets certain criteria. The dispute centered on whether the agreement met the requirements set forth in sections 186, 187, and 188 of the Act, and if it adequately covered the organisation as per section 201(2) of the Act.

The court had to determine if the agreement fulfilled all the statutory requirements for approval, including whether it was fairly negotiated, provided for the terms and conditions of employment, and adhered to any other relevant provisions of the Act. Additionally, the court examined whether the Community and Public Sector Union (CPSU), acting as a bargaining representative, had given notice under section 183 of the Act, which sought coverage under the agreement. The court also had to confirm that the agreement covered the organisation as stipulated in section 201(2) of the Act.

Commissioner Lee found that the AUSTRAC Enterprise Agreement 2016-2019 met all the statutory requirements for approval. The court was satisfied that the agreement was fairly negotiated, contained the necessary terms and conditions of employment, and adhered to the provisions of the Act. The CPSU had given notice under section 183 of the Act, seeking coverage under the agreement, and the court confirmed that the agreement did indeed cover the organisation. Therefore, the application for approval was successful.

The AUSTRAC Enterprise Agreement 2016-2019 was approved by the court on 21 March 2016, and it came into effect on 28 March 2016. The nominal expiry date of the agreement is 20 March 2019.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established