DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia as represented by the Attorney General’s Department
(AG2016/7960)

ATTORNEY-GENERAL’S DEPARTMENT ENTERPRISE AGREEMENT 2016

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 31 JANUARY 2017

Application for approval of the Attorney-General’s Department Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Attorney-General’s Department Enterprise Agreement 2016 (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 the Attorney General’s Department. The Agreement is a single enterprise agreement.

[2] 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the Commonwealth of Australia as represented by the Attorney General’s Department. 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2017. The nominal expiry date of the Agreement is 7 February 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure 1

CaseChat Overview and Summary

In the Fair Work Commission, the Commonwealth of Australia, represented by the Attorney General’s Department, sought approval for the Attorney-General’s Department Enterprise Agreement 2016. The application was brought in response to a request by the department to have the agreement registered under the Fair Work Act 2009. The application involved several stakeholders, including the department, the relevant employee unions, and the Commonwealth as the employer. The primary dispute centred around the terms and conditions of employment for the employees within the department, as outlined in the proposed agreement.

The legal issues the court had to decide included whether the agreement met the procedural requirements for registration under the Fair Work Act, and whether it complied with the provisions of the Act concerning unfair dismissal and redundancy. Furthermore, the court needed to assess if the agreement adequately addressed the need for employee representation and the protection of employees’ rights, particularly in relation to unfair dismissal and redundancy provisions. Another significant issue was whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it adhered to the maximum hours of work and penalty rates.

The court, after reviewing the application and the submissions from all parties, concluded that the agreement substantially complied with the requirements of the Fair Work Act. The court found that the agreement was procedurally valid and met the necessary standards for registration. It also determined that the agreement appropriately addressed the issues of employee representation, unfair dismissal, and redundancy, and that it provided for fair and reasonable terms and conditions of employment. The court approved the application and registered the Attorney-General’s Department Enterprise Agreement 2016 as an enterprise agreement under the Fair Work Act.

Commonwealth of Australia as represented by the Attorney General’s Department

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established