DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Mental Health Commission
(AG2016/7882)

NATIONAL MENTAL HEALTH COMMISSION ENTERPRISE AGREEMENT 2017-2020

Commonwealth employment
DEPUTY PRESIDENT KOVACIC	CANBERRA, 9 MARCH 2017

Application for approval of the National Mental Health Commission Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the National Mental Health Commission Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Mental Health Commission. 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 March 2017. The nominal expiry date of the Agreement is 16 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the dispute were the National Mental Health Commission and the Public Service Association. The dispute centred on the approval of the National Mental Health Commission Enterprise Agreement 2017-2020. The Fair Work Commission was the court that heard the matter.

The legal issues before the court were whether the proposed agreement was consistent with the relevant legislation, specifically the Public Sector Management Act 1994, and whether it complied with the principles of good faith bargaining. The court also considered whether the agreement provided fair and reasonable terms and conditions for the employees, and whether it was in the best interests of the public service.

In delivering its decision, the court found that the proposed agreement was consistent with the relevant legislation and complied with the principles of good faith bargaining. The court also found that the agreement provided fair and reasonable terms and conditions for the employees and was in the best interests of the public service. The court noted that the agreement provided for appropriate pay and conditions, including provisions for flexible working arrangements and career development opportunities. The court also found that the agreement provided for appropriate mechanisms for resolving disputes and promoting a positive workplace culture.

The court approved the National Mental Health Commission Enterprise Agreement 2017-2020, subject to certain conditions and modifications. These included the addition of a clause to ensure that the agreement did not prevent the Commission from meeting its statutory obligations, and the removal of a clause that provided for the automatic transfer of employees to the Commission from other public sector agencies. The court also noted that the agreement would expire on 30 June 2020, and that any future enterprise agreements would need to be approved by the court in a similar manner.

National Mental Health Commission

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established