DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Community and Public Sector Union/SPSF Group Victorian Branch
(AG2017/6481)

COMMUNITY AND PUBLIC SECTOR UNION, SPSF GROUP VICTORIAN BRANCH STAFF AGREEMENT 2017

Clerical industry
COMMISSIONER SAUNDERS	NEWCASTLE, 9 FEBRUARY 2018

Application for approval of the Community and Public Sector Union, SPSF Group Victorian Branch Staff Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Community and Public Sector Union, SPSF Group Victorian Branch Staff Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Community and Public Sector Union/SPSF Group Victorian Branch. 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 Australian Municipal, Administrative, Clerical and Services 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 February 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved the Community and Public Sector Union, SPSF Group Victorian Branch, which sought approval of the Community and Public Sector Union, SPSF Group Victorian Branch Staff Agreement 2017. The dispute centred around the procedural and substantive fairness of the agreement, with particular attention to the process by which the agreement was negotiated and the terms it contained. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues the court had to address included whether the agreement was made in accordance with the applicable provisions of the Fair Work Act 2009, specifically concerning the process for negotiating and finalising the agreement. The court also had to consider whether the terms of the agreement were fair and reasonable, taking into account the needs and interests of the employees and the employer. Furthermore, the court needed to determine if there were any breaches of the Act during the negotiation process.

The Fair Work Commission examined the evidence provided by both parties and assessed the negotiation process. It found that the agreement was negotiated in good faith and that the process followed was fair and appropriate. The Commission also evaluated the substantive terms of the agreement, concluding that they were reasonable and met the needs of both the employees and the employer. The Commission held that there were no breaches of the Act and approved the agreement. The decision was based on the thoroughness of the negotiation process, the reasonableness of the terms, and the overall fairness of the agreement.

The Fair Work Commission approved the Community and Public Sector Union, SPSF Group Victorian Branch Staff Agreement 2017, confirming its compliance with the Fair Work Act 2009. The decision acknowledged the fairness of the negotiation process and the reasonableness of the agreement's terms, ultimately affirming the agreement's validity.

Community and Public Sector Union/SPSF Group Victorian Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established