DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia as represented by The Department of Foreign Affairs and Trade
(AG2015/7443)

DEPARTMENT OF FOREIGN AFFAIRS AND TRADE ENTERPRISE AGREEMENT

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 7 DECEMBER 2015

Application for approval of the Department of Foreign Affairs and Trade Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Department of Foreign Affairs and Trade Enterprise Agreement (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 Foreign Affairs and Trade. 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as The Australian Manufacturing Workers’ Union, the Australian Salaried Medical Officers Federation and CPSU, the Community and Public Sector Union, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2015. The nominal expiry date of the Agreement is 7 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the Commonwealth of Australia, represented by the Department of Foreign Affairs and Trade, applied for approval of a proposed enterprise agreement. The agreement in question seeks to regulate the employment terms and conditions of certain employees within the department. The nature of the dispute involved the legality and fairness of the proposed terms, with potential implications for both the employees and the efficient operation of the department.

The primary legal issues before the commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it met the criteria for being a lawful and fair enterprise agreement. Specifically, the commission had to assess whether the agreement provided for a proper balance of interests between the employer and employees, and whether it adhered to the procedural requirements necessary for its approval. This included an examination of the agreement's provisions regarding redundancy, employee representation, and the process for resolving disputes.

The commission found that the proposed agreement largely complied with the requirements of the Fair Work Act. It was noted that the agreement provided for adequate redundancy provisions, which were consistent with the department's operational needs. Additionally, the commission was satisfied that the agreement appropriately balanced the interests of both the employer and the employees. The process for resolving disputes was also deemed to be fair and efficient. Consequently, the commission approved the proposed agreement, finding it to be a lawful and fair enterprise agreement.

The final orders of the commission included the approval of the Department of Foreign Affairs and Trade Enterprise Agreement, with the conditions that it be implemented in accordance with the terms set out in the agreement. The commission's decision ensures that the agreement will now govern the employment terms and conditions of the relevant employees within the department.

Commonwealth of Australia as represented by The Department of Foreign Affairs and Trade

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established