DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia (Australian Bureau of Statistics)
(AG2017/1489)

AUSTRALIAN BUREAU OF STATISTICS INTERVIEWERS ENTERPRISE AGREEMENT 2017

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 17 MAY 2017

Application for approval of the Australian Bureau of Statistics Interviewers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Bureau of Statistics Interviewers Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Commonwealth of Australia (Australian Bureau of Statistics). 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 is approved and, in accordance with s.54 of the Act, will operate from 24 May 2017. The nominal expiry date of the Agreement is 24 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Commonwealth of Australia, acting through the Australian Bureau of Statistics, applied to the Fair Work Commission for approval of the Australian Bureau of Statistics Interviewers Enterprise Agreement 2017. The application was made under the Fair Work Act 2009. The applicants, the Australian Bureau of Statistics, represented by the Commonwealth, and the respondents, various unions representing the employees, sought the court's approval of the proposed agreement.

The legal issues before the court involved whether the proposed agreement met the statutory requirements of the Fair Work Act 2009. This included considerations of whether the agreement provided for fair and reasonable terms and conditions, was consistent with the national minimum standards, and whether the agreement had been made in good faith and without coercion. The court also had to consider whether the agreement was likely to result in improved productivity and efficiency in the workplace.

The court found that the proposed agreement met the statutory requirements and was likely to result in improved productivity and efficiency. The court approved the agreement, highlighting the importance of maintaining a fair and efficient working environment for the benefit of both the employees and the Australian Bureau of Statistics. The court noted that the agreement provided for fair and reasonable terms and conditions, was consistent with the national minimum standards, and had been made in good faith and without coercion. The court also considered the views of the employees, as represented by the unions, and found that the agreement was in the best interests of the employees.

The court approved the Australian Bureau of Statistics Interviewers Enterprise Agreement 2017, and the agreement is now in effect. The approval ensures that the employees of the Australian Bureau of Statistics have a fair and reasonable enterprise agreement that meets the requirements of the Fair Work Act 2009. The agreement provides for improved productivity and efficiency in the workplace, which benefits both the employees and the Australian Bureau of Statistics.

Commonwealth of Australia (Australian Bureau of Statistics)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established