DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Department of Internal Affairs, New Zealand
(AG2020/2047)

DEPARTMENT OF INTERNAL AFFAIRS SYDNEY - ENTERPRISE AGREEMENT 2020

Clerical industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 26 AUGUST 2020

Application for approval of the Department of Internal Affairs Sydney - Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Department of Internal Affairs Sydney - Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Department of Internal Affairs, New Zealand (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 24 August 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Clerks Private Sector Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The United Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2020. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Department of Internal Affairs for New Zealand, sought approval for the Sydney Enterprise Agreement 2020 from the Fair Work Commission. The agreement was intended to regulate employment terms and conditions for employees in Sydney. The dispute involved whether the agreement met the legal requirements under the Fair Work Act 2009 and if it was fair and reasonable for the employees.

The primary legal issues before the court were whether the agreement complied with the statutory provisions and if it adequately safeguarded the interests of the employees. The court needed to determine if the agreement was free from any prohibited content, such as discrimination or unjust treatment, and if it allowed for proper employee representation and consultation. Additionally, the fairness and reasonableness of the agreement needed to be assessed in light of the employees' rights and the broader economic context.

The court examined the agreement's provisions and found it to be compliant with the Fair Work Act. The agreement was free from prohibited content and ensured that employees' rights were adequately protected. The court also determined that the agreement was fair and reasonable, considering the employees' interests and the economic environment. Therefore, the court approved the Sydney Enterprise Agreement 2020.

The final order of the court was to approve the Sydney Enterprise Agreement 2020, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the terms and conditions set out in the agreement were to apply to the employees covered by it.

Department of Internal Affairs, New Zealand

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established