DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia represented by the Independent Parliamentary Expenses Authority
(AG2018/2935)

INDEPENDENT PARLIAMENTARY EXPENSES AUTHORITY ENTERPRISE AGREEMENT 2018 – 2021

Australian Capital Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 9 NOVEMBER 2018

Application for approval of the Independent Parliamentary Expenses Authority Enterprise Agreement 2018 – 2021.

[1] An application has been made for approval of an enterprise agreement known as the Independent Parliamentary Expenses Authority Enterprise Agreement 2018 – 2021 (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 Independent Parliamentary Expenses Authority. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2018. The nominal expiry date of the Agreement is 15 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Commonwealth of Australia, represented by the Independent Parliamentary Expenses Authority, was the respondent in a matter brought before the Fair Work Commission. The applicant sought approval of the Independent Parliamentary Expenses Authority Enterprise Agreement 2018 – 2021, which was to apply to employees of the Authority. The dispute involved the interpretation and application of the Fair Work Act 2009, particularly in relation to the approval process for enterprise agreements by the Fair Work Commission.

The central legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for the proper management of the enterprise, including ensuring the safety and welfare of employees, and whether it contained provisions that complied with the Fair Work Act's proscriptions on unfair terms. The Commission also needed to consider if the agreement appropriately balanced the rights and interests of employees and employers, and whether the process for negotiating and finalising the agreement was fair and reasonable.

The Fair Work Commission assessed the provisions of the enterprise agreement against the statutory framework and found that the agreement complied with the requirements of the Fair Work Act. The Commission determined that the agreement appropriately managed the enterprise and provided for the safety and welfare of employees. It also concluded that the agreement contained no unfair terms and balanced the interests of both employees and employers. The Commission noted the fairness of the negotiation process and found no procedural deficiencies in the agreement's development.

The Fair Work Commission approved the Independent Parliamentary Expenses Authority Enterprise Agreement 2018 – 2021, effective from 1 July 2018. The decision underscored the importance of ensuring that enterprise agreements meet the statutory criteria for approval, balancing the interests of all parties involved.

Commonwealth of Australia represented by the Independent Parliamentary Expenses Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established