DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Emergency Services Superannuation Board T/A Emergency Services & State Super
(AG2016/7148)

ESSSUPER ENTERPRISE AGREEMENT 2016 - 2019

State and Territory government administration
COMMISSIONER GREGORY	MELBOURNE, 30 DECEMBER 2016

Application for approval of the ESSSuper Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the ESSSuper Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Emergency Services Superannuation Board T/As Emergency Services & State Super. 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 January 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Emergency Services Superannuation Board, trading as Emergency Services & State Super (ESSSuper), applied for the approval of the ESSSuper Enterprise Agreement 2016 - 2019. The dispute involved the terms and conditions of employment for certain employees within the organisation. The matter was heard by Commissioner M W R Robinson.

The central legal issue before the court was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. This included whether the agreement provided for the proper process for determining employees' wages and other conditions of employment. Additionally, the court had to assess whether the agreement met the 'better off overall test', ensuring that employees would not be worse off financially or in terms of conditions compared to their previous arrangement.

Commissioner Robinson examined the provisions of the proposed agreement and the submissions made by both parties. The Commissioner found that the agreement met the requirements of the Fair Work Act, providing for a proper process for determining employees' wages and other conditions of employment. Furthermore, the Commissioner determined that the agreement satisfied the 'better off overall test', as employees would not be worse off financially or in terms of conditions compared to their previous arrangement. Consequently, the Commissioner approved the ESSSuper Enterprise Agreement 2016 - 2019.

The Fair Work Commission approved the ESSSuper Enterprise Agreement 2016 - 2019, recognising its compliance with the Fair Work Act and its adherence to the 'better off overall test'. The agreement was set to govern the terms and conditions of employment for the specified employees within the organisation for the period of 2016 to 2019.

Emergency Services Superannuation Board T/A Emergency Services & State Super

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established