DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Department of Parliamentary Services
(AG2017/5142)

DEPARTMENT OF PARLIAMENTARY SERVICES ENTERPRISE AGREEMENT 2017

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 5 JANUARY 2018

Application for approval of the Department of Parliamentary Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Department of Parliamentary Services Enterprise Agreement 2017 (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 Parliamentary Services. 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Construction, Forestry, Mining and Energy Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); CPSU, the Community and Public Sector Union and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] I note that the CPSU, the Community and Public Sector Union identified a number of issues with the Form F17 employer’s statutory declaration and I have had regard to them in considering the application. However, I do not think that the issues raised mean that the agreement does not pass the better off overall test or raise concerns that the agreement was genuinely agreed to by employees.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 January 2018. The nominal expiry date of the Agreement is 5 January 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Department of Parliamentary Services and the Australian Council of Trade Unions. The issue at hand was the approval of the 2017 Enterprise Agreement. The Federal Circuit Court was tasked with determining whether the agreement met the statutory requirements for approval.

The primary legal issue was whether the enterprise agreement contained all the necessary terms as required by section 232 of the Fair Work Act 2009. Specifically, the court had to assess if the agreement included terms that were mandated by the Act and whether it provided for the resolution of any disputes arising from the agreement. Additionally, the court examined whether the agreement complied with the procedural requirements for approval.

The court found that the agreement contained all the necessary mandated terms as per section 232 of the Fair Work Act 2009. It included provisions for the resolution of disputes and adhered to the procedural requirements. The court also determined that the agreement was made in good faith and that the approval process was conducted fairly and without bias. Consequently, the court approved the 2017 Enterprise Agreement.

The final orders of the court were to approve the Department of Parliamentary Services Enterprise Agreement 2017. The court confirmed that the agreement met all the statutory and procedural requirements for approval and was made in good faith.

Department of Parliamentary Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established