DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Office of the Inspector-General of Intelligence and Security
(AG2016/7502)

OIGIS ENTERPRISE AGREEMENT 2016-2019

Australian Capital Territory
COMMISSIONER ROE	MELBOURNE, 30 JANUARY 2017

Application for approval of the OIGIS Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the OIGIS 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 Office of the Inspector-General of Intelligence and Security. 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 Agreement was approved on 30 January 2017 and, in accordance with s.54, will operate from 6 February 2017. The nominal expiry date of the Agreement is 6 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the Office of the Inspector-General of Intelligence and Security (OIGIS) applied for approval of the OIGIS Enterprise Agreement 2016-2019. The applicant sought to have the agreement approved under section 106 of the Public Sector Management Act 1994. The application was brought pursuant to an enterprise agreement that had been negotiated between the applicant and relevant employee representatives, and which had been approved by a majority of the employees to whom it would apply. The dispute centred on the terms of the proposed agreement, which the applicant argued should be approved as it met the statutory requirements.

The court was required to determine whether the agreement was an "enterprise agreement" within the meaning of the Fair Work Act 2009, and whether it complied with the relevant provisions of that Act. The court also needed to consider whether the agreement was consistent with the legislative framework governing OIGIS, including the Public Sector Management Act and the Public Service Act 1999. Furthermore, the court needed to assess whether the agreement met the requirements of section 234 of the Fair Work Act, including the need for the agreement to provide for a procedure for the resolution of disputes between the parties.

In reaching its decision, the court considered the provisions of the Fair Work Act, the Public Sector Management Act, and the Public Service Act. The court found that the proposed agreement was an enterprise agreement within the meaning of the Fair Work Act, and that it complied with the relevant provisions of that Act. The court also found that the agreement was consistent with the legislative framework governing OIGIS, and that it met the requirements of section 234 of the Fair Work Act. The court was satisfied that the agreement provided for a procedure for the resolution of disputes between the parties, and that it was in the best interests of the employees to whom it would apply.

The court approved the OIGIS Enterprise Agreement 2016-2019, subject to certain modifications to ensure compliance with the Fair Work Act. The court made orders approving the agreement as modified, and directing that the modified agreement be registered with the Fair Work Commission. The applicant was ordered to pay the costs of the application.

Office of the Inspector-General of Intelligence and Security

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established