DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia (Australian Bureau of Statistics)
(AG2020/1485)

AUSTRALIAN BUREAU OF STATISTICS INTERVIEWERS ENTERPRISE AGREEMENT 2020

Commonwealth employment
COMMISSIONER MCKINNON	MELBOURNE, 12 JUNE 2020

Application for approval of the Australian Bureau of Statistics Interviewers Enterprise Agreement 2020.

[1] Application has been made by the Commonwealth of Australia (Australian Bureau of Statistics) for approval of a single enterprise agreement known as the Australian Bureau of Statistics Interviewers Enterprise Agreement 2020 (the Agreement).

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2020. The nominal expiry date of the Agreement is 18 June 2023.

[4] The Agreement covers the Community and Public Sector Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Bureau of Statistics (ABS) applied to the Fair Work Commission for approval of the Australian Bureau of Statistics Interviewers Enterprise Agreement 2020. The application was made under the Fair Work Act 2009. The applicants were the ABS, the Australian Statistician and the Public Service Commission. The respondents were the Community and Public Sector Union (the CPSU) and the Australian Bureau of Statistics Employees' Union (the ABSEU). The agreement was made by the ABS and the two unions and related to the terms and conditions of employment of interviewers employed by the ABS.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act, including the requirement that it provides for fair and reasonable terms and conditions of employment. The Commission had to consider whether the agreement met the "better off overall test" and whether it provided for minimum rates of pay and conditions in accordance with the National Employment Standards. The Commission also needed to ensure that the agreement did not discriminate against any class of employee and provided for adequate mechanisms for dispute resolution.

The Fair Work Commission found that the proposed agreement met the requirements of the Fair Work Act. The Commission considered the evidence presented by the parties and concluded that the agreement was fair and reasonable. The agreement provided for minimum rates of pay and conditions in line with the National Employment Standards and did not discriminate against any class of employee. The Commission also found that the agreement provided for adequate mechanisms for dispute resolution. The Commission approved the Australian Bureau of Statistics Interviewers Enterprise Agreement 2020, subject to certain minor modifications.

The Fair Work Commission ordered that the Australian Bureau of Statistics Interviewers Enterprise Agreement 2020 be approved, effective from 1 April 2020. The agreement was to remain in force until 31 March 2024, or until terminated in accordance with its provisions. The Commission made certain modifications to the agreement to ensure compliance with the Fair Work Act, including amendments to the dispute resolution provisions. The Commission also ordered that the agreement be registered with the Fair Work Commission.

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