DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Office of National Assessments
(AG2016/924)

OFFICE OF NATIONAL ASSESSMENTS ENTERPRISE AGREEMENT 2016-2019

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 27 APRIL 2016

Application for approval of the Office of National Assessments Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Office of National Assessments Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Office of National Assessments. 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 was approved on 27 April 2016 and, in accordance with s.54, will operate from 4 May 2016. The nominal expiry date of the Agreement is 3 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Office of National Assessments sought approval for the Enterprise Agreement 2016-2019. The Office of National Assessments, an agency of the Australian government, negotiated this agreement with the Public Service Union. The dispute centred around whether the terms of the agreement were fair and reasonable for the employees it covered.

The court had to determine if the agreement met the criteria outlined in the Fair Work Act 2009. This included whether the agreement facilitated the efficient operation of the agency while maintaining a fair and reasonable balance of employee entitlements. The court also had to consider if the agreement was in the interests of fairness and did not adversely affect employees' wages, terms, and conditions. Furthermore, the court had to ensure that the agreement did not undermine the operation of the agency.

In delivering its decision, the Fair Work Commission found that the agreement was fair and reasonable. The commission noted that the agreement balanced the operational needs of the Office of National Assessments with the entitlements of its employees. It found that the terms did not undermine the agency's operation and were in the best interest of fairness. The commission also concluded that the agreement did not adversely affect employees' wages, terms, and conditions. The commission approved the agreement under the Fair Work Act 2009.

Office of National Assessments

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established