Commonwealth of Australia (Department of Defence)

[2017] FWCA 4161

[2017] FWCA 4161

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia (Department of Defence)
(AG2017/2466)

DEFENCE ENTERPRISE AGREEMENT 2017 - 2020

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 9 AUGUST 2017

Application for approval of the Defence Enterprise Agreement 2017 – 2020.

[1] An application has been made for approval of an enterprise agreement known as the Defence Enterprise Agreement 2017 – 2020 (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 (Department of Defence). The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Commonwealth of Australia (Department of Defence). In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Association of Professional Engineers, Scientists and Managers, Australia, known as Professionals Australia, Community and Public Sector Union, Civil Air Operations Officers’ Association of Australia, Australian Salaried Medical Officers Federation (ASMOF), Australian Nursing and Midwifery Federation, National Union of Workers and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2017. The nominal expiry date of the Agreement is 16 August 2020.

DEPUTY PRESIDENT

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Annexure A