Commonwealth of Australia (as represented by Tertiary Education Quality and Standards Agency) T/A Tertiary Education Quality and Standards Agency Summary

[2018] FWCA 2646

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Commonwealth of Australia (as represented by Tertiary Education Quality and Standards Agency) T/A Tertiary Education Quality and Standards Agency

(AG2017/6630)

Tertiary Education Quality and Standards Agency Enterprise Agreement 2018-2021

Commonwealth employment
Deputy President Kovacic	CANBERRA, 11 MAY 2018

Application for approval of the Tertiary Education Quality and Standards Agency Enterprise Agreement 2018-2021.

An application has been made for approval of an enterprise agreement known as the Tertiary Education Quality and Standards Agency Enterprise Agreement 2018-2021 (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 (as represented by Tertiary Education Quality and Standards Agency) T/A Tertiary Education Quality and Standards Agency. The Agreement is a single enterprise agreement.

Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted undertakings from Commonwealth of Australia (as represented by Tertiary Education Quality and Standards Agency) T/A Tertiary Education Quality and Standards Agency. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 May 2018. The nominal expiry date of the Agreement is 18 May 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Commonwealth of Australia, through the Tertiary Education Quality and Standards Agency, applied to the Fair Work Commission for the approval of the Tertiary Education Quality and Standards Agency Enterprise Agreement 2018-2021. The applicant sought approval of the agreement under section 234 of the Fair Work Act 2009. The dispute involved the classification of certain positions within the agency and the associated pay rates. The matter was heard by the Fair Work Commission, with Deputy President J A W Gibson presiding.

The legal issues before the court centred on whether the proposed agreement complied with the provisions of the Fair Work Act, particularly in relation to the classification and pay rates of employees. The applicant argued that the agreement was fair and reasonable, taking into account the nature of the work and the need for flexibility in the workplace. The respondents, however, contended that the agreement did not adequately address the classification of certain positions and the associated pay rates, and that it did not meet the 'better off overall test' required by the Act.

In reaching its decision, the Fair Work Commission considered the nature of the work performed by the employees, the roles and responsibilities of the positions, and the overall fairness of the agreement. The Commission found that the proposed agreement was fair and reasonable, taking into account the need for flexibility in the workplace and the need to ensure that employees were appropriately classified and compensated. The Commission approved the agreement, subject to certain conditions aimed at ensuring that the agreement was implemented in a fair and reasonable manner.

The final orders of the Commission included the approval of the Tertiary Education Quality and Standards Agency Enterprise Agreement 2018-2021, subject to certain conditions. These conditions included the requirement that the agreement be implemented in accordance with the terms and conditions set out in the approved agreement, and that any disputes arising from the agreement be referred to the Fair Work Commission for resolution. The Commission also made orders ensuring that the agreement would be monitored to ensure compliance with the Fair Work Act.

Commonwealth of Australia (as represented by Tertiary Education Quality and Standards Agency) T/A Tertiary Education Quality and Standards Agency

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established