DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Organ and Tissue Authority
(AG2016/2161)

ORGAN AND TISSUE AUTHORITY ENTERPRISE AGREEMENT 2016-2019

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 9 FEBRUARY 2016

Application for approval of the Organ and Tissue Authority Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Organ and Tissue Authority 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 the Organ and Tissue Authority. 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 was approved on 9 February 2016 and, in accordance with s.54, will operate from 16 February 2016. The nominal expiry date of the Agreement is 8 February 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Organ and Tissue Authority sought approval for the Organ and Tissue Authority Enterprise Agreement 2016-2019. The dispute arose from the application for the approval of an enterprise agreement that had been negotiated between the employer and employees represented by unions. The union in question sought to ensure that the agreement would provide fair and just terms for the employees.

The central legal issues the Commission was required to decide were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, and whether it was in the best interests of the employees. Key considerations included the agreement's compliance with minimum entitlements, the process by which the agreement was negotiated, and whether it provided appropriate protections for the employees.

The Commission considered that the agreement was compliant with the relevant statutory provisions and had been negotiated in good faith. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for pay rates, leave entitlements, and other benefits. The Commission also found that the process by which the agreement was negotiated was fair and that the agreement was in the best interests of the employees. Accordingly, the Commission approved the Organ and Tissue Authority Enterprise Agreement 2016-2019.

Organ and Tissue Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established