DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Department of Communications and the Arts
(AG2018/3684)

DEPARTMENT OF COMMUNICATIONS AND THE ARTS ENTERPRISE AGREEMENT 2018 - 2021

Commonwealth employment
DEPUTY PRESIDENT KOVACIC	CANBERRA, 25 JANUARY 2019

Application for approval of the Department of Communications and the Arts Enterprise Agreement 2018 - 2021 (the Agreement).

[1] An application has been made for approval of an enterprise agreement known as the Department of Communications and the Arts Enterprise Agreement 2018 - 2021 (the Agreement) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Department of Communications and the Arts. 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 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] I note that with respect to Appendix A and consistent with clause 4.3 of the agreement, the first 2 per cent salary increase will take effect in the first pay cycle on commencement of the Agreement, with the next 2 per cent salary increase payable 12 months from commencement and the final 2 percent salary increase payable 24 months from commencement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2019. The nominal expiry date of the Agreement is 1 February 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Department of Communications and the Arts, who sought approval of the Enterprise Agreement 2018 - 2021. The agreement was submitted for endorsement by the Fair Work Commission (FWC). The application for approval was contested by the Australian Council of Trade Unions (ACTU) on behalf of employees of the Department. The dispute centred on whether the terms of the Agreement were fair and reasonable in accordance with the Fair Work Act 2009.

The central legal issue before the FWC was whether the proposed Enterprise Agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the FWC had to determine whether the agreement was procedurally and substantively fair and reasonable. Procedural fairness required that the agreement was formed through proper consultation and negotiation processes, while substantive fairness required the terms of the agreement to be fair and reasonable in all aspects.

The FWC determined that the agreement was procedurally fair as it had been negotiated in good faith and with proper consultation between the parties. The FWC also found that the terms of the agreement were substantively fair, noting that the provisions were consistent with those found in similar agreements within the public sector and did not disadvantage employees. The FWC approved the Enterprise Agreement 2018 - 2021, noting that it provided a fair and reasonable outcome for all parties involved.

No further orders were made by the FWC beyond the approval of the Agreement. The approval of the Enterprise Agreement ensures that it will be binding on all employees and employers within the scope of the agreement, providing a stable and predictable industrial environment for the duration of the agreement.

Department of Communications and the Arts

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established