DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Defence Housing Australia
(AG2020/3755)

DEFENCE HOUSING AUSTRALIA ENTERPRISE AGREEMENT 2021

Commonwealth employment
DEPUTY PRESIDENT YOUNG	MELBOURNE, 15 JANUARY 2021

Application for approval of the Defence Housing Australia Enterprise Agreement 2021.

[1] Defence Housing Australia (the Employer) has made an application for approval of an enterprise agreement known as the Defence Housing Australia Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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.

[4] 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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 15 January 2021 and, in accordance with s 54, will operate from 22 January 2021. The nominal expiry date of the Agreement is 22 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of the Defence Housing Australia Enterprise Agreement 2021. The applicants were Defence Housing Australia and the Australian Council of Trade Unions. The nature of the dispute was centred on the terms of a proposed enterprise agreement that was intended to regulate the employment conditions of Defence Housing Australia's employees. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the requirements for a certified agreement under the Fair Work Act, including whether it met the better-off-overall test, whether it was free from prohibited content, and whether it was properly certified. The Commission also had to consider whether the agreement had been made in good faith and whether it included appropriate dispute resolution procedures.

The Commission found that the agreement satisfied all the necessary legal criteria. It determined that the agreement was free from prohibited content, met the better-off-overall test, and had been made in good faith. The Commission also confirmed that the agreement included appropriate dispute resolution procedures and that the certification process was conducted correctly. The Commission was satisfied that the agreement would provide employees with improved terms and conditions of employment and would contribute to a more harmonious workplace. As a result, the Commission approved the Defence Housing Australia Enterprise Agreement 2021.

Defence Housing Australia

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established