DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Office of the Commonwealth Ombudsman
(AG2017/3277)

OFFICE OF THE COMMONWEALTH OMBUDSMAN ENTERPRISE AGREEMENT 2017-2020

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 24 AUGUST 2017

Application for approval of the Office of the Commonwealth Ombudsman Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Office of the Commonwealth Ombudsman 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 Office of the Commonwealth Ombudsman. 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 31 August 2017. The nominal expiry date of the Agreement is 31 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the matter of the Office of the Commonwealth Ombudsman was brought forth for consideration regarding the approval of the Enterprise Agreement 2017-2020. The applicant sought approval of the agreement, which had been negotiated and agreed upon by the employer and the relevant employee representatives. The primary dispute centred around the fairness and appropriateness of the terms and conditions outlined in the agreement, and whether it should be endorsed by the court.

The central legal issues that the court was tasked with deciding included whether the agreement met the statutory requirements under the Public Sector Management Act 1994, and whether the agreement was fairly and appropriately negotiated and drafted. The court was also required to consider whether the agreement was in the best interests of both the employees and the employer. Furthermore, the court needed to determine if the agreement complied with the principles of procedural fairness, and whether it adequately addressed the rights and obligations of both parties.

The court meticulously examined the provisions of the agreement, considering the negotiation process, the substance of the terms, and the overall fairness of the agreement. The court found that the agreement was appropriately negotiated, contained terms that were reasonable and fair, and complied with the relevant legislative requirements. The court also determined that the agreement was in the best interests of both the employees and the employer, and that it adhered to the principles of procedural fairness. The court approved the Office of the Commonwealth Ombudsman Enterprise Agreement 2017-2020, thereby resolving the dispute in favour of the applicant.

Office of the Commonwealth Ombudsman

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established