DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Old Parliament House
(AG2017/3368)

OLD PARLIAMENT HOUSE ENTERPRISE AGREEMENT 2017-2020

Australian Capital Territory
COMMISSIONER SAUNDERS	MELBOURNE, 7 SEPTEMBER 2017

Application for approval of the Old Parliament House Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Old Parliament House 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 Old Parliament House. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2017. The nominal expiry date of the Agreement is 13 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application for approval of the Old Parliament House Enterprise Agreement 2017-2020. The applicant sought the approval of the Fair Work Commission (FWC) under the Fair Work Act 2009. The dispute arose between the employer, the Commonwealth of Australia, and the employee representatives, the Public Service Association and the Australian Services Union. The FWC was required to determine whether the agreement met the requirements of the Act for it to be approved.

The central legal issue before the FWC was whether the proposed agreement adequately complied with the statutory requirements for approval. Specifically, the Commission had to consider if the agreement contained the necessary provisions, including the minimum entitlements, and whether it was fairly negotiated. Additionally, the Commission had to assess if the agreement appropriately balanced the interests of both the employer and the employees.

The FWC examined the agreement in detail, considering the provisions related to wages, hours of work, and other employment conditions. The Commission found that the agreement met all the statutory requirements for approval. It contained the necessary minimum entitlements, was fairly negotiated, and appropriately balanced the interests of both parties. Consequently, the FWC approved the agreement.

The FWC made an order approving the Old Parliament House Enterprise Agreement 2017-2020. The agreement was deemed to be in effect from the date of the decision and was to remain in force until it was terminated or replaced by a subsequent agreement.

Old Parliament House

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established