DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Office of Parliamentary Counsel
(AG2016/5647)

OFFICE OF PARLIAMENTARY COUNSEL SES ENTERPRISE AGREEMENT 2016-2019

Australian Capital Territory
COMMISSIONER ROE	MELBOURNE, 11 OCTOBER 2016

Application for approval of the Office of Parliamentary Counsel SES Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Office of Parliamentary Counsel SES 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 Parliamentary Counsel. 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] 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 11 October 2016 and, in accordance with s.54, will operate from 18 October 2016. The nominal expiry date of the Agreement is 18 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the case before the Fair Work Commission, the Office of Parliamentary Counsel sought approval for the terms of the Office of Parliamentary Counsel SES Enterprise Agreement 2016-2019. The dispute centred around the interpretation and application of the Fair Work Act 2009, particularly regarding the procedural fairness and the substantive merits of the proposed agreement. The Commission was tasked with determining whether the agreement met the necessary standards for approval under the Act.

The primary legal issues before the Commission were whether the Office of Parliamentary Counsel had followed the required procedures in reaching the agreement and if the terms of the agreement were fair and reasonable. This involved a detailed examination of the negotiation process, the content of the agreement, and whether it complied with the statutory requirements for approval. The Commission needed to assess if the agreement appropriately balanced the interests of the employees and the employer while adhering to the principles of procedural fairness.

The Fair Work Commission found that the Office of Parliamentary Counsel had followed the necessary procedures in negotiating the agreement. It held that the process was fair and that the content of the agreement was reasonable and met the statutory standards. The Commission was satisfied that the terms provided a fair and equitable outcome for both parties, balancing their respective interests appropriately. Consequently, the Commission approved the Office of Parliamentary Counsel SES Enterprise Agreement 2016-2019, affirming its compliance with the Fair Work Act 2009.

Office of Parliamentary Counsel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established