CPSU, the Community and Public Sector Union Summary

[2013] FWCA 8721

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CPSU, the Community and Public Sector Union
(AG2013/11140)

COMMUNITY AND PUBLIC SECTOR UNION, SPSF GROUP VICTORIAN BRANCH STAFF AGREEMENT 2013

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 7 NOVEMBER 2013

Application for approval of the Community and Public Sector Union, SPSF Group Victorian Branch Staff Agreement 2013.

[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 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Community and Public Sector Union SPSF Group Victorian Branch. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Services Union Victorian Private Sector Branch (ASU) 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, will operate from 14 November 2013. The nominal expiry date is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Community and Public Sector Union (CPSU) sought approval for the Community and Public Sector Union, SPSF Group Victorian Branch Staff Agreement 2013. The Fair Work Commission (FWC) was asked to decide on the application, with the matter being heard by Commissioner Holmes. The dispute centered around whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the FWC included whether the agreement provided for minimum wages and conditions, and whether it included appropriate mechanisms for the resolution of disputes. Another key issue was whether the agreement was in the public interest and whether it was consistent with the Fair Work Act's objectives of promoting high levels of employment, economic prosperity, and social inclusion. The FWC also had to consider whether the agreement would unduly harm the financial viability of employers.

The FWC found that the agreement was consistent with the objectives of the Fair Work Act, provided for minimum wages and conditions, and included dispute resolution mechanisms. The Commission was satisfied that the agreement was in the public interest and would not unduly harm the financial viability of employers. Accordingly, the FWC approved the agreement. The CPSU, SPSF Group Victorian Branch Staff Agreement 2013 was approved by the FWC on the basis that it met the legal requirements and was in the public interest.

CPSU, the Community and Public Sector Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established