DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Department of the Treasury
(AG2015/3864)

TREASURY ENTERPRISE AGREEMENT 2015-2018

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 24 JULY 2015

Application for approval of the Treasury Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Treasury 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 the Treasury. 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 the Treasury. 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 CPSU, 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 31 July 2015. The nominal expiry date of the Agreement is 31 July 2018.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Department of the Treasury applied to the Fair Work Commission for approval of the Treasury Enterprise Agreement 2015-2018. The application was opposed by the Australian Services Union (ACTU). The Commission was required to decide whether the proposed agreement complied with the relevant legislative requirements and whether it was in the best interests of the employees covered by the agreement.

The central issue before the Commission was whether the proposed agreement met the statutory criteria for approval, including the requirement that it provide for fair and reasonable terms and conditions of employment, and whether it would be in the best interests of the employees. The Commission considered the evidence presented by both parties and the relevant legislative framework, including the Fair Work Act 2009.

The Commission found that the proposed agreement complied with the statutory requirements and was in the best interests of the employees. The Commission noted that the agreement provided for a range of benefits for employees, including pay increases, improved leave entitlements, and the introduction of flexible working arrangements. The Commission also noted that the agreement included provisions for dispute resolution and the protection of employee rights. The Commission concluded that the proposed agreement was fair and reasonable and would promote the harmonious, productive and economic development of industrial relations.

The Fair Work Commission approved the Treasury Enterprise Agreement 2015-2018. The agreement will now apply to employees of the Department of the Treasury and will remain in force until 30 June 2018, unless terminated earlier in accordance with the agreement or the law.

Department of the Treasury

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established