Office of the Official Secretary to the Governor-General

[2016] FWCA 78

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Office of the Official Secretary to the Governor-General

(AG2015/7016)

OFFICE OF THE OFFICIAL SECRETARY TO THE GOVERNOR-

GENERAL ENTERPRISE AGREEMENT 2015-2018

Commonwealth employment

COMMISSIONER LEE

MELBOURNE, 6 JANUARY 2016

Application for approval of the Office of the Official Secretary to the Governor-General

Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the

Office of the Official Secretary to the Governor-General Enterprise Agreement 2015-2018

(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 Official Secretary to the Governor-General. 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.
[2016] FWCA 78

[4] The Agreement was approved on 6 January 2016 and, in accordance with s.54, will

operate from 13 January 2016. The nominal expiry date of the Agreement is 5 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to approve an enterprise agreement between the Office of the Official Secretary to the Governor-General and the Community and Public Sector Union (CPSU). The application was made under section 185 of the Fair Work Act 2009, and the proposed agreement was the Office of the Official Secretary to the Governor-General Enterprise Agreement 2015-2018. The Commissioner was satisfied that all relevant requirements for approval had been met, and the agreement was approved on 6 January 2016, to commence on 13 January 2016, with a nominal expiry date of 5 January 2019.

The legal issues before the Commissioner were whether the application met the requirements of sections 186, 187, and 188 of the Fair Work Act, and whether the agreement covered the relevant organisation. The CPSU had given notice under section 183 of the Act that it wanted the agreement to cover it, and section 201(2) of the Act confirmed that the agreement covered the organisation. The Commissioner was satisfied that the agreement met all relevant requirements, and that it covered the organisation.

The Commissioner approved the agreement, finding that it met all relevant requirements for approval and covered the relevant organisation. The agreement was approved on 6 January 2016, to commence on 13 January 2016, with a nominal expiry date of 5 January 2019. The Commissioner noted that the agreement had been made in good faith and that it did not contain any terms that were contrary to the public interest. The Commissioner also noted that the agreement provided for a fair and efficient workplace, and that it provided for the resolution of any disputes that may arise.

The final orders of the Commissioner were that the Office of the Official Secretary to the Governor-General Enterprise Agreement 2015-2018 be approved and registered under section 185 of the Fair Work Act. The agreement was to operate from 13 January 2016, with a nominal expiry date of 5 January 2019. The Commissioner also ordered that the agreement be published on the Fair Work Commission's website.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established