DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia represented by the Department of Employment
(AG2016/414)

DEPARTMENT OF EMPLOYMENT ENTERPRISE AGREEMENT 2016-2019

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 21 MARCH 2016

Application for approval of the Department of Employment Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Department of Employment Enterprise Agreement 2016-2019 (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 represented by the Department of Employment. 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

The Commonwealth of Australia, represented by the Department of Employment, applied for approval of the Department of Employment Enterprise Agreement 2016-2019. The application was heard by the Fair Work Commission (FWC) and involved various stakeholders, including the Department of Employment and the relevant union representatives. The primary dispute centred on whether the terms of the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the FWC included whether the enterprise agreement adequately provided for the resolution of future disputes, whether the agreement complied with the good faith bargaining requirements, and whether it met the criteria for being a low-paid workplace determination. The FWC also needed to consider whether the agreement was in the best interests of the employees, taking into account the balance of rights and obligations, and whether it appropriately catered to the needs of the workplace.

In deliberating on these issues, the FWC examined the evidence presented by both parties and considered relevant legal precedents. The FWC found that the proposed agreement met the necessary standards for approval, as it provided a fair and effective means for resolving future disputes, adhered to good faith bargaining principles, and was in the best interests of the employees. The FWC also determined that the agreement appropriately balanced the rights and obligations of both employers and employees. Consequently, the FWC approved the Department of Employment Enterprise Agreement 2016-2019.

The FWC's final orders included the approval of the enterprise agreement, which was to be registered and enforceable under the Fair Work Act 2009. This decision ensured that the agreement would provide a stable framework for the employment relationship within the Department of Employment for the specified period.

Commonwealth of Australia represented by the Department of Employment

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established