DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Federal Court of Australia
(AG2018/2509)

FEDERAL COURT OF AUSTRALIA ENTERPRISE AGREEMENT 2018-2021

Commonwealth employment
DEPUTY PRESIDENT KOVACIC	CANBERRA, 31 JULY 2018

Application for approval of the Federal Court of Australia Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Federal Court of Australia Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Federal Court of Australia. 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 employer. 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 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 7 August 2018. The nominal expiry date of the Agreement is 31 August 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, the application for the approval of the Federal Court of Australia Enterprise Agreement 2018-2021 was brought forward. The applicant, the Commonwealth of Australia, sought the court's endorsement of the proposed agreement, which aimed to establish terms and conditions of employment for certain federal court employees. The dispute centred on whether the agreement met the statutory requirements for approval under the Public Sector Management Act 1992.

The court was tasked with determining if the agreement complied with the mandatory provisions set out in the Act, including provisions related to minimum working conditions, the right to request flexible working arrangements, and the right to request parental leave. Additionally, the court had to assess whether the agreement appropriately addressed the specific needs and circumstances of the federal court's workforce and if it adhered to the principles of good faith bargaining.

The Federal Court found that the proposed agreement satisfied the legislative criteria for approval. The court acknowledged the parties' efforts in negotiating the terms, which reflected a fair and reasonable consideration of the employees' needs and the operational requirements of the federal court. The agreement was deemed to comply with all mandatory provisions, and the court approved it as a lawful and appropriate enterprise agreement. Consequently, the court granted the application for approval, paving the way for the implementation of the Federal Court of Australia Enterprise Agreement 2018-2021.

Federal Court of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established