DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Legal Aid Commission ACT T/A Legal Aid ACT
(AG2019/942)

LEGAL AID COMMISSION (ACT) ENTERPRISE AGREEMENT 2017-2021

State and Territory government administration
COMMISSIONER JOHNS	MELBOURNE, 22 AUGUST 2019

Application for approval of the Legal Aid Commission (ACT) Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Legal Aid Commission (ACT) Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Legal Aid Commission ACT T/A Legal Aid ACT. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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) 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 29 August 2019. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Legal Aid Commission ACT, trading as Legal Aid ACT, applied for the approval of the Enterprise Agreement 2017-2021. The application was heard by the Fair Work Commission. The primary dispute was whether the proposed agreement complied with the applicable laws and whether it was fair and reasonable for the employees involved.

The court was required to examine whether the agreement met the requirements of the Fair Work Act 2009, specifically focusing on the provisions concerning the process for approving enterprise agreements. Additionally, the court had to determine whether the agreement provided for fair and reasonable terms and conditions for the employees, including matters such as remuneration, hours of work, and other employment-related conditions.

The Fair Work Commission found that the proposed agreement complied with the legislative requirements for approval. The court considered various factors, including the negotiation process, the nature of the agreement, and the impact on employees. The commission concluded that the agreement was fair and reasonable, as it balanced the interests of the employer and the employees. The agreement was subsequently approved by the commission, allowing it to be implemented from the specified commencement date.

The final orders of the commission were that the Enterprise Agreement 2017-2021 be approved and registered, effective from the date of the decision. The agreement was to apply to all employees covered by the agreement, and the terms and conditions set out within it were to be binding on both the Legal Aid Commission ACT and the employees.

Legal Aid Commission ACT T/A Legal Aid ACT

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established