DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Department of Environment, Land, Water and Planning
(AG2016/5842)

FIELD STAFF AGREEMENT 2016

State and Territory government administration
COMMISSIONER ROE	MELBOURNE, 19 OCTOBER 2016

Application for approval of the Field Staff Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Field Staff Agreement 2016 (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 Environment, Land, Water and Planning. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ 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.

[4] The Agreement was approved on 19 October 2016 and, in accordance with s.54, will operate from 26 October 2016. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Department of Environment, Land, Water and Planning and a union representing field staff. The union sought approval of the Field Staff Agreement 2016, which was intended to govern the terms and conditions of employment for field staff within the department. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the Field Staff Agreement 2016 complied with the provisions of the Fair Work Act, particularly in relation to the bargaining process and the content of the agreement. This included assessing whether the agreement was made in good faith, whether it was the product of genuine bargaining, and whether it satisfied the minimum standards set out in the Act.

In considering these issues, the Commission examined the process through which the agreement was negotiated and concluded. It found that the union and the department engaged in a genuine and meaningful bargaining process, resulting in an agreement that met the statutory requirements. The Commission was satisfied that the agreement was made in good faith and that it complied with the minimum standards under the Act. Consequently, the Commission approved the Field Staff Agreement 2016, finding it to be a lawful and appropriate instrument for regulating the employment conditions of the relevant field staff.

The Commission's decision was final, and the approved agreement would now govern the terms and conditions of employment for the field staff within the department, as long as it remained in effect.

Department of Environment, Land, Water and Planning

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established