CPSU, the Community and Public Sector Union

[2013] FWCA 5459

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
(AG2013/7896)

COMMUNITY AND PUBLIC SECTOR UNION SPSF GROUP FEDERAL OFFICE STAFF AGREEMENT 2013

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 8 AUGUST 2013

Application for approval of the Community and Public Sector Union SPSF Group Federal Office 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 Federal Office Staff Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by CPSU, the Community and Public Sector Union. 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 Agreement is approved and, in accordance with s.54, will operate from 15 August 2013. The nominal expiry date is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Community and Public Sector Union (CPSU) applied for approval of the Community and Public Sector Union SPSF Group Federal Office Staff Agreement 2013. The Fair Work Commission heard the application. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly in terms of its fairness and the balance of its terms and conditions.

The primary legal issue was whether the agreement was genuinely intended to be an enterprise agreement as defined in the Fair Work Act, and whether it satisfied the "better off overall test" which requires that the agreement should not be worse for employees than the applicable award or safety net. The Commission had to consider whether the agreement contained terms that were genuinely negotiated, and if it ensured fairness in the workplace.

The Commission found that the agreement was genuinely an enterprise agreement and met the requirements of the Act. It was noted that the agreement had been negotiated in good faith and contained terms that were fair and balanced. The Commission emphasised the importance of the agreement's provisions in terms of employee benefits and protections. As the agreement was found to be fair and balanced, the Commission approved the application.

The final orders of the Commission included the approval of the Community and Public Sector Union SPSF Group Federal Office Staff Agreement 2013, subject to the terms and conditions outlined in the decision. The agreement was to be registered and would apply to the relevant employees from the specified date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established