DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

National Capital Authority
(AG2017/6472)

NATIONAL CAPITAL AUTHORITY ENTERPRISE AGREEMENT 2018-2021

Australian public service industry
COMMISSIONER CAMBRIDGE	SYDNEY, 6 MARCH 2018

Application for approval of the National Capital Authority Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the National Capital Authority 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 National Capital Authority (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged with the Fair Work Commission (the Commission) at Canberra on 20 December 2017. On 22 February 2018, the application was referred to the Commission as currently constituted. The application included a Statutory Declaration of Eva Kirby made on behalf of the Employer and dated 20 December 2017 (the Declaration). The Declaration stated that the Agreement was made on 18 December 2017. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 6 March 2018. I note that the file has included a Statutory Declaration of Matt Taylor made on behalf of the CPSU, the Community and Public Sector Union (the CPSU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause C4 and a consultation term at clause L1.

[6] 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.

[7] The CPSU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the CPSU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 13 March 2018. The nominal expiry date of the Agreement as specified in clause B6.2 of the Agreement, is 13 March 2021.

COMMISSIONER

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CaseChat Overview and Summary

In this matter, the National Capital Authority (NCA) sought approval for the National Capital Authority Enterprise Agreement 2018-2021, which was negotiated with the Public Service Association. The application was brought before the Fair Work Commission (FWC) to determine if the agreement met the requirements for registration under the Fair Work Act 2009. The dispute centred on whether the agreement provided fair and reasonable terms and conditions for the employees, and if it was appropriately negotiated and registered.

The primary legal issues before the Commission were whether the agreement contained terms that were fair and reasonable, and whether it had been genuinely negotiated and registered in accordance with the legislative framework. The Commission needed to assess if the agreement complied with the various statutory provisions designed to ensure that the terms and conditions were fair, including those relating to minimum wages and conditions, and the process of negotiation. Additionally, the Commission had to consider whether the agreement met the criteria for registration, such as the provisions relating to the protection of employees' rights and the avoidance of industrial action.

In reaching its decision, the Commission thoroughly examined the terms of the agreement and the process by which it was negotiated. It found that the agreement contained terms that were fair and reasonable, taking into account the specific needs and roles of the employees within the NCA. The Commission also determined that the negotiation process was genuine and that the agreement complied with all necessary statutory requirements for registration. The Commission concluded that the application for approval should be granted, as the agreement met the legal criteria for being a fair and reasonable enterprise agreement.

Consequently, the Fair Work Commission approved the application, allowing the National Capital Authority Enterprise Agreement 2018-2021 to be registered. This decision provides clarity on the terms and conditions for employees and ensures that the agreement is legally compliant and operational within the NCA.

National Capital Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established