DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia as represented by the Department of Finance
(AG2015/7527)

FINANCE ENTERPRISE AGREEMENT 2015-2018

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 20 JANUARY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Finance 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 the Department of Finance. 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 CPSU, the Community and Public Sector Union and the Transport Workers’ Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 20 January 2016 and, in accordance with s.54, will operate from 27 January 2016. The nominal expiry date of the Agreement is 19 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the recent decision of the Fair Work Commission, the Commonwealth of Australia, represented by the Department of Finance, sought approval for the Finance Enterprise Agreement 2015-2018. The dispute arose from negotiations between the Department and various employee representatives regarding terms and conditions of employment for finance sector employees. The Commission was tasked with assessing whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved the compliance of the agreement with the requirements of the Act, including provisions regarding minimum rates of pay, classification, and other employment conditions. Additionally, the Commission had to consider whether the agreement appropriately balanced the interests of both the employees and the employer, ensuring fairness and equity. The Commission also examined whether the agreement provided for effective dispute resolution mechanisms.

In delivering its decision, the Commission carefully reviewed the submissions and evidence presented by both parties. The Commission found that the agreement met the necessary criteria for approval, as it provided for fair and reasonable terms and conditions, and adequately balanced the interests of both employers and employees. The Commission also noted that the agreement included effective dispute resolution processes. Consequently, the Commission approved the Finance Enterprise Agreement 2015-2018, confirming its compliance with the Fair Work Act.

The Fair Work Commission approved the Finance Enterprise Agreement 2015-2018, effective from 1 April 2015, and in place until 31 March 2018. The decision highlights the Commission's role in ensuring fair and reasonable terms and conditions of employment, while also balancing the interests of employers and employees in the finance sector. This approval provides a framework for the employment conditions of finance sector employees during the specified period, and sets the stage for future negotiations and agreements.

Commonwealth of Australia as represented by the Department of Finance

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established