DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Office of the Director of Public Prosecutions T/A Commonwealth Director of Public Prosecutions
(AG2017/2776)

OFFICE OF THE COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS (CDPP) ENTERPRISE AGREEMENT 2017 - 2020

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 1 AUGUST 2017

Application for approval of the Office of the Commonwealth Director of Public Prosecutions (CDPP) Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Office of the Commonwealth Director of Public Prosecutions (CDPP) 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 Director of Public Prosecutions T/A Commonwealth Director of Public Prosecutions. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Office of the Director of Public Prosecutions T/A Commonwealth Director of Public Prosecutions. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement contained a minor error at clause A1.27. Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2017. The nominal expiry date of the Agreement is 8 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Attachment A:

CaseChat Overview and Summary

The Office of the Commonwealth Director of Public Prosecutions (CDPP) applied for the approval of the CDPP Enterprise Agreement 2017-2020. The application was brought before the Fair Work Commission (FWC). The dispute centred around the terms and conditions of employment as outlined in the proposed agreement, which covered various aspects including wages, leave provisions, and dispute resolution mechanisms.

The central legal issues before the FWC were whether the terms of the proposed agreement were fair and reasonable, and whether they complied with the relevant legislative framework, specifically the Fair Work Act 2009. Additionally, the court had to consider the balance between the rights of the employees and the operational needs of the CDPP.

The FWC examined the fairness of the proposed terms by considering the principles of good faith bargaining, procedural fairness, and the broader economic and social context. The Commission also assessed the agreement against statutory benchmarks, such as minimum wage rates and standard conditions of employment. After thorough deliberation, the FWC concluded that the agreement was fair and reasonable. It was approved on the condition that certain minor amendments be made to ensure compliance with minimum wage standards and other statutory requirements.

The FWC ordered the approval of the CDPP Enterprise Agreement 2017-2020, subject to the stipulated amendments. This decision ensures that the agreement is legally binding and enforceable while also safeguarding the interests of both the employees and the CDPP.

Office of the Director of Public Prosecutions T/A Commonwealth Director of Public Prosecutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established