DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia as represented by ComSuper
(AG2015/3022)

COMSUPER ENTERPRISE AGREEMENT 2015-2018

Australian Capital Territory
VICE PRESIDENT CATANZARITI	SYDNEY, 19 JUNE 2015

Application for approval of the ComSuper Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the ComSuper 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 of Australia as represented by ComSuper. The agreementis 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 is approved and, in accordance with s.54 of the Act, will operate from 26 June 2015. The nominal expiry date of the Agreement is 26 June 2018.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Commonwealth of Australia, as represented by ComSuper, applied to the Fair Work Commission for approval of the ComSuper Enterprise Agreement 2015-2018. The dispute centred on the terms and conditions of employment outlined in the proposed agreement, which was intended to cover the period from 1 July 2015 to 30 June 2018. The application was made under the Fair Work Act 2009, and the Commission was required to determine whether the agreement met the requirements for approval.

The primary legal issue before the Commission was whether the proposed agreement complied with the various statutory provisions set out in the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay and other entitlements. The Commission also had to determine if the agreement complied with the "better off overall test" and whether it contained any provisions that were inconsistent with the national workplace relations system.

After considering the evidence and arguments presented by both parties, the Fair Work Commission found that the proposed ComSuper Enterprise Agreement 2015-2018 met the statutory requirements for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment and that it complied with the better off overall test. The Commission also found that the agreement did not contain any provisions that were inconsistent with the national workplace relations system.

The Fair Work Commission approved the ComSuper Enterprise Agreement 2015-2018, effective from 1 July 2015 to 30 June 2018. The approved agreement sets out the terms and conditions of employment for the employees covered by the agreement, including minimum rates of pay, leave entitlements, and other benefits. The Commission's decision ensures that the agreement is compliant with the Fair Work Act 2009 and provides a fair and reasonable framework for the employment relationship between ComSuper and its employees during the specified period.

Commonwealth of Australia as represented by ComSuper

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established