DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mr Guy Noble
(AG2016/6362)

NATIONAL OFFICERS COLLECTIVE AGREEMENT 2016

Clerical industry
COMMISSIONER ROE	MELBOURNE, 31 OCTOBER 2016

Application for approval of the National Officers Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the National Officers Collective Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mr Guy Noble. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 31 October 2016 and, in accordance with s.54, will operate from 7 November 2016. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mr Guy Noble, acting on behalf of the National Tertiary Education Union, applied for approval of the National Officers Collective Agreement 2016. The application was before the Fair Work Commission. The dispute centred around the interpretation and compliance of the Agreement with relevant legislative provisions and the fundamental principles of good faith bargaining.

The primary legal issues involved determining whether the Agreement was made in good faith, whether it complied with the Fair Work Act 2009, and if it appropriately reflected the interests of the employees. The court also had to assess whether any terms in the Agreement were unfair or contrary to public policy. The analysis involved examining the bargaining process, the terms of the Agreement, and the extent to which it aligned with statutory requirements and fair work principles.

The Fair Work Commission found that the Agreement was made in good faith and was compliant with the Fair Work Act. The Commission was satisfied that the bargaining process was fair and that the terms of the Agreement were reasonable and not contrary to public policy. The court approved the Agreement, emphasising the importance of good faith bargaining and the need for agreements to reflect the interests of both employers and employees.

The Fair Work Commission approved the National Officers Collective Agreement 2016, confirming its compliance with the Fair Work Act and adherence to the principles of good faith bargaining.

Mr Guy Noble

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established