DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia as represented by the Department of Infrastructure and Regional Development
(AG2016/478)

DEPARTMENT OF INFRASTRUCTURE AND REGIONAL DEVELOPMENT ENTERPRISE AGREEMENT 2016

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 21 MARCH 2016

Application for approval of the Department of Infrastructure and Regional Development Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Department of Infrastructure and Regional Development 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 Department of Infrastructure and Regional Development. 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 21 March 2016 and, in accordance with s.54, will operate from 28 March 2016. The nominal expiry date of the Agreement is 20 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, the Commonwealth of Australia, represented by the Department of Infrastructure and Regional Development, sought approval for the Department of Infrastructure and Regional Development Enterprise Agreement 2016. The application for approval was filed by the Department, and the Fair Work Commission was the respondent. The dispute centred around whether the agreement met the necessary requirements under the Fair Work Act 2009 to warrant approval.

The primary legal issues the court had to address were whether the agreement complied with the provisions of the Fair Work Act, particularly in terms of its coverage, fairness, and compliance with the prescribed minimum terms and conditions. The court also needed to consider whether the agreement provided for a proper process for resolving workplace disputes and if it adequately protected the rights of employees.

In examining the application, the court evaluated the provisions of the agreement against the statutory requirements. It considered whether the agreement specified the minimum terms and conditions, addressed the rights and obligations of both the employer and employees, and ensured fair treatment. The court also assessed the mechanisms for resolving disputes and the overall fairness of the agreement. After a thorough review, the court determined that the agreement met all the necessary statutory requirements and approved it accordingly. This decision was based on the comprehensive nature of the agreement, its alignment with the Fair Work Act, and the protection it afforded to employees within the department.

Commonwealth of Australia as represented by the Department of Infrastructure and Regional Development

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established