DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia as represented by the Department of the House of Representatives
(AG2017/5560)

DEPARTMENT OF THE HOUSE OF REPRESENTATIVES ENTERPRISE AGREEMENT 2017-2020

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 29 NOVEMBER 2017

Application for approval of the Department of the House of Representatives Enterprise Agreement 2017-2020 - Agreement approved..

[1] An application has been made for approval of an enterprise agreement known as the Department of the House of Representatives Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Commonwealth of Australia as represented by the Department of the House of Representatives (the Applicant). 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 Community and Public Sector Union (CPSU) being a bargaining representative for the Agreement, has given notice under section 183 of the Act that they wish to be covered by the Agreement. I note in accordance with s.201(2) of the Act that the Agreement covers the CPSU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2017. The nominal expiry date of the Agreement is 29 November 2020.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Commonwealth of Australia, represented by the Department of the House of Representatives, applied to the Fair Work Commission (FWC) for the approval of the Department of the House of Representatives Enterprise Agreement 2017-2020. The applicant sought to have the agreement, which had been negotiated between the department and the relevant unions, recognised and approved under the Fair Work Act 2009. The unions, acting on behalf of the employees, did not object to the application. The FWC was required to determine whether the agreement met the criteria for approval under the Act.

The legal issues before the FWC were whether the agreement contained appropriate provisions for the protection of employee rights and interests, whether it complied with the requirements of the Act, and whether it met the FWC's criteria for approval. The FWC considered whether the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave entitlements, and dispute resolution mechanisms. The FWC also considered whether the agreement provided for appropriate protections for employees, including provisions for redundancy, termination, and other employment-related matters.

The FWC found that the agreement met the criteria for approval under the Act. The FWC noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave entitlements, and dispute resolution mechanisms. The FWC also found that the agreement provided for appropriate protections for employees, including provisions for redundancy, termination, and other employment-related matters. The FWC was satisfied that the agreement provided for the protection of employee rights and interests and complied with the requirements of the Act.

The FWC approved the Department of the House of Representatives Enterprise Agreement 2017-2020. The agreement was to be registered with the Fair Work Commission and would come into effect from the date of registration. The approval of the agreement was a significant step forward in ensuring that employees in the department were provided with fair and reasonable terms and conditions of employment.

Commonwealth of Australia as represented by the Department of the House of Representatives

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established