Commonwealth of Australia Represented by the Department of Industry, Innovation and Science Summary

[2016] FWCA 1917

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Commonwealth of Australia represented by the Department of Industry,

Innovation and Science

(AG2016/553)

DEPARTMENT OF INDUSTRY, INNOVATION AND SCIENCE

ENTERPRISE AGREEMENT 2016

Australian Capital Territory

COMMISSIONER LEE

MELBOURNE, 30 MARCH 2016

Application for approval of the Department of Industry, Innovation and Science Enterprise

Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Department of Industry, Innovation and Science Enterprise Agreement 2016 (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 Industry,

Innovation and Science. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is

attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment

to any employee covered by the Agreement and that the undertakings will not result in

substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The CPSU, the Community and Public Sector Union, The Association of Professional

Engineers, Scientists and Managers, Australia and the “Automotive, Food, Metals,

Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing

Workers’ Union 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 these organisations.
[2016] FWCA 1917

[5] The Agreement was approved on 30 March 2016 and, in accordance with s.54, will

operate from 6 April 2016. The nominal expiry date of the Agreement is 29 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1917

ANNEXURE A

CaseChat Overview and Summary

The Commonwealth of Australia, represented by the Department of Industry, Innovation and Science, applied for the approval of an enterprise agreement, the Department of Industry, Innovation and Science Enterprise Agreement 2016, under section 185 of the Fair Work Act 2009. The application was made to Commissioner Lee in the Fair Work Commission, and the hearing took place in Melbourne on 30 March 2016. The agreement was intended to cover the employees represented by the Community and Public Sector Union, the Association of Professional Engineers, Scientists and Managers, Australia, and the Australian Manufacturing Workers’ Union.

The legal issues before the court were whether the application met the requirements of sections 186, 187, 188, and 190 of the Fair Work Act 2009 as they relate to the approval of an enterprise agreement. Additionally, the court needed to determine whether the written undertakings provided by the applicant would not cause financial detriment to any employee covered by the agreement and would not result in substantial changes to the agreement.

The court found that the application met the requirements of the relevant sections of the Act, and the written undertakings provided by the applicant would not cause financial detriment to any employee covered by the agreement nor result in substantial changes to the agreement. The bargaining representatives for the agreement had also given notice under section 183 of the Act that they wanted the agreement to cover them. The court approved the agreement, which will operate from 6 April 2016 until 29 March 2019, unless terminated earlier in accordance with the provisions of the agreement or the Act.

Commonwealth of Australia Represented by the Department of Industry, Innovation and Science

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established