DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Department of Communications
(AG2015/4025)

DEPARTMENT OF COMMUNICATIONS ENTERPRISE AGREEMENT 2015 - 2018

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 31 JULY 2015

Application for approval of the Department of Communications Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Department of Communications Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Department of Communications. 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 Department of Communications. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2015. The nominal expiry date of the Agreement is 7 August 2018.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by the Department of Communications to the Fair Work Commission for approval of the Enterprise Agreement 2015-2018. The Fair Work Commission was required to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission considered whether the agreement met the requirements for good faith bargaining and whether it contained terms that were fair and reasonable.

The key legal issues revolved around whether the agreement was made in good faith, whether it provided for proper procedures for resolving disputes, and whether the terms of the agreement were fair and reasonable. The Commission examined the process through which the agreement was negotiated, the content of the agreement, and whether it complied with relevant provisions of the Fair Work Act. The Department of Communications argued that the agreement was the result of genuine negotiations and contained terms that were fair and reasonable, while the union contended that certain provisions did not meet the statutory requirements.

In its decision, the Fair Work Commission found that the agreement was made in good faith and contained terms that were fair and reasonable. The Commission noted that the process of negotiation was robust and that the terms of the agreement were consistent with industry standards and practices. The Commission also found that the agreement provided for appropriate mechanisms for resolving disputes. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Department of Communications Enterprise Agreement 2015-2018, finding that it was made in good faith and contained fair and reasonable terms. The decision provides guidance on the requirements for approving enterprise agreements and the importance of good faith bargaining.

Department of Communications

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established