Legal Aid Commission (ACT)

[2014] FWCA 6146

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Legal Aid Commission (ACT)
(AG2014/7106)

LEGAL AID COMMISSION (ACT) ENTERPRISE AGREEMENT 2013-2017

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 5 SEPTEMBER 2014

Application for approval of the Legal Aid Commission (ACT) Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Legal Aid Commission (ACT) Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by the Legal Aid Commission (ACT). The Agreement is a single-enterprise agreement.

[2] Pursuant to s.190 of the Act I have accepted an undertaking from the employer. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertakings, which are taken to be terms of the agreement under s.191(3) of the Act, 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.

[4] 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) 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 12 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Legal Aid Commission (ACT) sought approval for its Enterprise Agreement 2013-2017, which regulated employment conditions for its staff. The application was made before the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009 (Cth). The Commission's approval was contested by the Australian Council of Trade Union (ACTU), which argued that the agreement failed to adequately protect employees' rights and interests.

The central legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it included any terms that would be contrary to public policy or be otherwise unenforceable. The Commission also had to consider the arguments presented by the ACTU regarding the agreement's impact on employees' rights.

In its decision, the Fair Work Commission found that the Enterprise Agreement 2013-2017 met the statutory requirements for approval. The Commission acknowledged the ACTU's concerns but concluded that the agreement provided for fair and reasonable terms and conditions of employment. The Commission found that the agreement did not include any terms that would be contrary to public policy or be otherwise unenforceable. The Commission also noted that the agreement included provisions for dispute resolution and protected employees' rights in various areas, including working conditions, leave entitlements, and redundancy.

The Fair Work Commission approved the Enterprise Agreement 2013-2017, subject to certain modifications. These modifications included changes to the agreement's provisions relating to redundancy payments and the calculation of long service leave. The Commission found that these changes were necessary to ensure that the agreement complied with the Fair Work Act. The Commission's decision was based on a detailed analysis of the agreement's terms and the arguments presented by the parties. The Commission concluded that, overall, the agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees and the Legal Aid Commission (ACT).

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established