DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia, represented by the Fair Work Ombudsman T/A Office of the Fair Work Ombudsman
(AG2019/4654)

FAIR WORK OMBUDSMAN ENTERPRISE AGREEMENT 2019 – 2022

Commonwealth employment
COMMISSIONER JOHNS	MELBOURNE, 12 DECEMBER 2019

Application for approval of the Fair Work Ombudsman Enterprise Agreement 2019 – 2022.

[1] An application has been made for approval of an enterprise agreement known as the Fair Work Ombudsman Enterprise Agreement 2019 – 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by the Commonwealth of Australia, represented by the Fair Work Ombudsman T/A Office of the Fair Work Ombudsman. 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 19 December 2019. The nominal expiry date of the Agreement is 18 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Ombudsman, acting on behalf of the Commonwealth, applied to the Fair Work Commission for approval of an enterprise agreement between the applicant and a number of unions. The unions involved are the Shop, Distributive and Allied Employees Association (SDA) and the Transport Workers Union (TWU). The agreement, if approved, would apply to certain employees in the retail sector. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement fulfilled the requirements for approval as an enterprise agreement. This included verifying if the agreement had been made in good faith and if it contained the necessary provisions, such as minimum wages and conditions, as stipulated by the Fair Work Act. Additionally, the court had to assess whether the agreement complied with the process requirements, including proper notification and consultation with the employees.

The Fair Work Commission found that the application for approval was made in accordance with the statutory requirements. The agreement was deemed to have been made in good faith and contained all necessary provisions, including minimum wages and conditions. The Commission also confirmed that the process requirements were met, with proper notification and consultation conducted. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Fair Work Ombudsman Enterprise Agreement 2019 – 2022. The agreement is now legally binding on the parties involved, providing a framework for employment conditions and rights within the retail sector for the specified period.

Commonwealth of Australia, represented by the Fair Work Ombudsman T/A Office of the Fair Work Ombudsman

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established