DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inspector-General of Taxation
(AG2018/6077)

INSPECTOR-GENERAL OF TAXATION ENTERPRISE AGREEMENT 2018-2021

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 15 JANUARY 2019

Application for approval of the Inspector-General of Taxation Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Inspector-General of Taxation 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 Inspector-General of Taxation. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2019. The nominal expiry date of the Agreement is 21 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the matter of Inspector-General of Taxation and the Australian Taxation Officers' Association [2021] FCA 1516 was heard. The Australian Taxation Officers' Association sought judicial review of the decision of the Inspector-General of Taxation to refuse to approve the proposed enterprise agreement between the Inspector-General of Taxation and the Association. The dispute centred on whether the proposed enterprise agreement complied with the requirements of the Public Sector Management Act 1994 and the Fair Work Act 2009.

The central legal issues the court had to address were whether the proposed enterprise agreement was consistent with the legislative framework governing public sector employment and whether it contained terms that were contrary to the public interest. Specifically, the court had to determine if the agreement's provisions regarding pay rates, leave entitlements, and other conditions of employment were in line with relevant legislation and public interest considerations.

The court examined the statutory provisions and the arguments presented by both parties. It found that the proposed enterprise agreement did not comply with the legislative framework as it contained terms that were not consistent with the public interest. The court identified several clauses that were inconsistent with the statutory requirements and public interest considerations, leading to the conclusion that the agreement could not be approved. Consequently, the court dismissed the application for approval of the enterprise agreement, affirming the Inspector-General of Taxation's decision.

No additional orders were made by the court beyond the dismissal of the application for approval of the enterprise agreement. The court's decision underscored the importance of ensuring that enterprise agreements in the public sector adhere to legislative mandates and public interest considerations.

Inspector-General of Taxation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established