DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Commonwealth of Australia as represented by the Australian Electoral Commission T/A Australian Electoral Commission
(AG2016/6528)

AUSTRALIAN ELECTORAL COMMISSION ENTERPRISE AGREEMENT 2016-2019

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 29 NOVEMBER 2016

Application for approval of the Australian Electoral Commission Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Electoral Commission 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 Australian Electoral Commission. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 6 December 2016. The nominal expiry date of the Agreement is 29 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, the Commonwealth of Australia as represented by the Australian Electoral Commission sought approval for the Australian Electoral Commission Enterprise Agreement 2016-2019. The applicant argued that the agreement was fair and reasonable, and should be approved under the relevant legislative framework. The application was opposed by a number of unions who argued that the agreement was not fair and reasonable, and that it failed to meet the requirements of the legislation.

The court was required to determine whether the agreement met the requirements of the Fair Work Act 2009, including whether it was fair and reasonable, and whether it had been appropriately negotiated. The court also had to consider whether the agreement was consistent with relevant industrial instruments, and whether it complied with other relevant legislation.

In considering the application, the court found that the agreement was fair and reasonable, and that it had been appropriately negotiated. The court also found that the agreement was consistent with relevant industrial instruments, and that it complied with other relevant legislation. The court noted that the agreement provided for a number of benefits for employees, including improved wages and conditions, and that it addressed a range of issues that were important to the parties. The court also found that the agreement was an appropriate response to the changing nature of the workplace, and that it reflected the need for flexibility and efficiency in the delivery of services.

In light of the above, the court approved the Australian Electoral Commission Enterprise Agreement 2016-2019. The court noted that the agreement was an appropriate and reasonable response to the needs of the parties, and that it provided for a fair and reasonable outcome for all involved.

Commonwealth of Australia as represented by the Australian Electoral Commission T/A Australian Electoral Commission

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established