DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia (The Australian Bureau of Statistics)
(AG2019/890)

AUSTRALIAN BUREAU OF STATISTICS ENTERPRISE AGREEMENT 2019

Commonwealth employment
DEPUTY PRESIDENT KOVACIC	CANBERRA, 6 JUNE 2019

Application for approval of the Australian Bureau of Statistics Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Bureau of Statistics Enterprise Agreement 2019 (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 (The Australian Bureau of Statistics). 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 the employer. 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2019. The nominal expiry date of the Agreement is 13 June 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Bureau of Statistics sought approval of their Enterprise Agreement 2019 in the Fair Work Commission. The application was made in light of the parties' dispute over certain terms and conditions of employment. The Commission, comprising of a President and two Commissioners, was tasked with determining whether the proposed agreement met the statutory requirements for approval.

The central legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act 2009, specifically in relation to the requirements for approval of an enterprise agreement. This included assessing whether the agreement had been made in good faith, whether it dealt with the matters it purported to cover, and whether it met the procedural requirements for the approval of a single-interest public sector agreement. The Commission also had to consider whether the agreement provided for appropriate mechanisms for the resolution of future workplace disputes.

The Commission determined that the agreement met the necessary statutory requirements for approval. It was satisfied that the agreement had been made in good faith and that it dealt with the matters it purported to cover. The Commission also found that the procedural requirements for the approval of the agreement had been met. Furthermore, the Commission was satisfied that the agreement provided for appropriate mechanisms for the resolution of future workplace disputes. Consequently, the Commission approved the Australian Bureau of Statistics Enterprise Agreement 2019.

The Commission made the Australian Bureau of Statistics Enterprise Agreement 2019 effective from 1 July 2019, and it will remain in force until 30 June 2023. The agreement provides for a range of terms and conditions of employment, including wages and salaries, leave entitlements, and other employment-related matters. The agreement also includes provisions for the resolution of workplace disputes and the establishment of a bargaining council to facilitate ongoing negotiations between the parties.

Commonwealth of Australia (The Australian Bureau of Statistics)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established