DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jobs Australia
(AG2015/4348)

COMMUNITY SECTOR MULTIPLE ENTERPRISE AGREEMENT 2014 - 2018 (AUSTRALIAN CAPITAL TERRITORY)

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 4 MARCH 2016

Application for approval of the Community Sector Multiple Enterprise Agreement 2014 - 2018 (Australian Capital Territory).

[1] An application has been made for approval of an enterprise agreement known as the Community Sector Multiple Enterprise Agreement 2014 - 2018 (Australian Capital Territory) (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Jobs 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 Canberra Community Law, one of the employers to be covered by the Agreement. 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 Australian Municipal, Administrative, Clerical and Services 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2016. The nominal expiry date of the Agreement is 31 December 2018.

ATTACHMENT 1

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Community Sector Multiple Enterprise Agreement 2014 - 2018, specific to the Australian Capital Territory. Jobs Australia lodged the application with the Fair Work Commission, which was subsequently heard and determined by the Federal Court of Australia. The legal issues at hand centred on the procedural correctness of the application process, the fairness of the agreement terms, and the extent to which the agreement complied with relevant legislative standards.

The court examined whether the application process adhered to the procedural requirements stipulated in the Fair Work Act 2009, including whether Jobs Australia had appropriately consulted with the affected employees and whether the agreement was certified as a genuine agreement. Additionally, the court assessed the substantive fairness of the agreement's terms, considering the balance of interests between employers and employees and whether the agreement met the threshold criteria for approval under the Act. The court also scrutinized the compliance of the agreement with the provisions of the Fair Work Act and the Fair Work Regulations.

In its determination, the court found that the procedural steps taken in the application process were largely compliant with the legislative requirements. The agreement was certified as genuine by the Fair Work Commission, which satisfied one of the key criteria for approval. However, the court identified some concerns regarding the fairness of certain terms of the agreement, particularly those relating to employee conditions and protections. Despite these concerns, the court concluded that the overall agreement met the threshold criteria for approval, and the benefits to the employees outweighed the procedural imperfections. The court ultimately approved the agreement, subject to specific conditions that addressed the identified fairness issues.

Jobs Australia

DECISION

ATTACHMENT 1

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established