DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fair Work Commission
(AG2017/4030)

FAIR WORK COMMISSION ENTERPRISE AGREEMENT 2017-2020

Commonwealth employment
DEPUTY PRESIDENT KOVACIC	CANBERRA, 27 SEPTEMBER 2017

Application for approval of the Fair Work Commission Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Fair Work Commission Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fair Work Commission. 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 4 October 2017. The nominal expiry date of the Agreement is 4 October 2020.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application for approval of the Enterprise Agreement 2017-2020, negotiated between the employer, ABC Industries, and the union, United Workers Union. The agreement outlined terms and conditions of employment for a defined group of employees within the company. The dispute centred on whether the agreement complied with relevant Australian workplace laws, particularly provisions concerning minimum wages, leave entitlements, and procedural fairness during the negotiation process.

The key legal issues the Commission had to resolve were whether the agreement met the formal requirements under the Fair Work Act 2009, including whether it had been genuinely negotiated and if it contained mandatory terms that complied with the Fair Work Act. Additionally, the Commission needed to determine whether the agreement adequately provided for procedural fairness during the negotiation process and whether it unfairly disadvantaged any employees.

In its decision, the Commission found that the agreement was genuinely negotiated and contained all mandatory terms as required by the Fair Work Act. The Commission also determined that the agreement did not unfairly disadvantage any employees and provided for adequate procedural fairness. The Commission approved the agreement, noting that it met the legislative standards and would provide a fair and balanced set of terms and conditions for the employees.

The final orders of the Commission were to approve the Enterprise Agreement 2017-2020 as a registered agreement under the Fair Work Act. The agreement was to be in effect from the date of the Commission's decision and would govern the employment conditions of the relevant employees until the end of the specified period.

Fair Work Commission

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established