DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia as represented by the Australian Bureau of Statistics
(AG2016/1208)

AUSTRALIAN BUREAU OF STATISTICS ENTERPRISE AGREEMENT 2016

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 27 MAY 2016

Application for approval of the Australian Bureau of Statistics Enterprise Agreement 2016.

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

[4] The Agreement was approved on 27 May 2016 and, in accordance with s.54, will operate from 3 June 2016. The nominal expiry date of the Agreement is 2 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Bureau of Statistics sought approval for its 2016 Enterprise Agreement, which was contested by a group of employees. The matter was brought before the Fair Work Commission, tasked with deciding whether the agreement met the criteria for approval under the Fair Work Act 2009. The central legal issues revolved around whether the agreement provided for the terms and conditions of employment in a fair and flexible manner, and if it complied with the procedural requirements for approval as outlined in the legislation. The Commission needed to determine if the agreement was in the public interest and if the process for its negotiation and approval was fair and lawful.

In examining the agreement, the Fair Work Commission considered the various provisions, including those related to remuneration, hours of work, and other employment conditions. The Commission also assessed the negotiation process to ensure it adhered to the legal requirements, such as providing adequate notice and opportunity for consultation. The Commission found that the agreement did provide for the terms and conditions of employment in a fair and flexible manner, and that the negotiation process was conducted appropriately. The Commission concluded that the agreement met the criteria for approval under the Fair Work Act and was in the public interest.

Consequently, the Fair Work Commission approved the Australian Bureau of Statistics Enterprise Agreement 2016. The decision confirmed the agreement's validity and authorised its implementation. This ruling ensures that the terms and conditions set out in the agreement would govern the employment of the relevant workers within the Australian Bureau of Statistics, subject to the provisions of the Fair Work Act. The Commission's decision provided clarity and finality to the dispute, allowing the agreement to take effect and regulate the workplace as intended.

Commonwealth of Australia as represented by the Australian Bureau of Statistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established