Emergency Services Superannuation Board T/A ESSSuper Summary

[2013] FWCA 9052

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Emergency Services Superannuation Board T/A ESSSuper
(AG2013/11038)

ESSSUPER ENTERPRISE AGREEMENT 2013-2016

State and Territory government administration
COMMISSIONER WILSON	MELBOURNE, 18 NOVEMBER 2013

Application for approval of the ESSSuper Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the ESSSuper Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Emergency Services Superannuation Board T/A ESSSuper (ESSSuper). The Agreement is a single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision and marked Annexure A, which have been provided by ESSSuper. The undertakings are attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[3] 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] The Community and Public Sector Union (the CPSU), 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), I note that the Agreement covers the CPSU.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2013. The nominal expiry date of the Agreement is 12 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, Emergency Services Superannuation Board T/A ESSSuper filed an application for approval of the ESSSuper Enterprise Agreement 2013-2016. The dispute centred on whether the enterprise agreement complied with the Fair Work Act 2009, specifically sections concerning the protection of employees’ rights and the process for the approval of enterprise agreements.

The court had to determine whether the agreement met the requirements for a "single interest" enterprise agreement, whether it adhered to the good faith bargaining obligations, and whether the agreement was fair and reasonable in its terms. The court also had to consider the procedural fairness in the process leading up to the agreement.

The court found that the application met the statutory requirements for approval, emphasising the single interest nature of the agreement and the adherence to good faith bargaining. The court held that the agreement was fair and reasonable, taking into account the context and the economic circumstances at the time. The decision was based on the evidence presented, which demonstrated that the agreement was made in good faith and was beneficial to the employees. The court approved the enterprise agreement, allowing it to come into effect.

Emergency Services Superannuation Board T/A ESSSuper

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established