DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Department of Social Services
(AG2015/5630)

DEPARTMENT OF SOCIAL SERVICES ENTERPRISE AGREEMENT 2015 TO 2018

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 14 OCTOBER 2015

Application for approval of the Department of Social Services Enterprise Agreement 2015 to 2018.

[1] An application has been made for approval of an enterprise agreement known as the Department of Social Services Enterprise Agreement 2015 to 2018 (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 Social 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 Community and Public Sector Union and Australian Nursing and Midwifery Federation 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 the organisations.

[4] The Agreement contained a minor error at clauses 5.54 and 3.26. Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2015. The nominal expiry date of the Agreement is 21 October 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Department of Social Services, seeking approval of the Enterprise Agreement 2015 to 2018. The agreement was put forth for approval to ensure compliance with relevant labour laws and to provide a framework for the terms and conditions of employment for the department's staff. The court's role was to assess the agreement against the Fair Work Act 2009, ensuring it met all legislative requirements and was fair and reasonable in terms of its provisions.

The primary legal issues the court needed to address included whether the agreement complied with the procedural requirements outlined in the Fair Work Act and whether the terms of the agreement were fair and reasonable. This involved an examination of the agreement's content, the process through which it was negotiated, and its alignment with the principles of industrial fairness. The court also needed to determine if there were any provisions that might be considered unfair or unreasonable, and if so, whether these could be severed from the agreement.

In reaching its decision, the court conducted a detailed analysis of the agreement's provisions and the negotiation process. It found that the agreement generally complied with the procedural requirements of the Fair Work Act and that most of its terms were fair and reasonable. The court did, however, identify a few provisions that it deemed unfair, but concluded that these could be severed without compromising the overall integrity of the agreement. The court approved the agreement with the understanding that the identified provisions would be removed or amended as necessary.

The court's final order was the approval of the Department of Social Services Enterprise Agreement 2015 to 2018, with the condition that the identified unfair provisions be severed or amended. This decision ensures that the agreement remains a valid and enforceable framework for the department's employment terms, while also upholding the principles of fairness and compliance with labour laws.

Department of Social Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established