Peter Hutchings
[2024] FWCA 1615
•2 MAY 2024
| [2024] FWCA 1615 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Peter Hutchings
(AG2024/1228)
AUSTRALIAN INSTITUTE OF ABORIGINAL AND TORRES STRAIT ISLANDER STUDIES (THE INSTITUTE) ENTERPRISE AGREEMENT 2024-2027
| Commonwealth employment | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 2 MAY 2024 |
Application for approval of the Australian Institute of Aboriginal and Torres Strait Islander Studies (the Institute) Enterprise Agreement 2024-2027.
An application has been made for approval of an enterprise agreement known as the Australian Institute of Aboriginal and Torres Strait Islander Studies (the Institute) Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Peter Hutchings. The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, which commenced operation on 6 June 2023. By reason of the transitional arrangements for the Amending Act and the notification time for the Agreement of 27 February 2023, the genuine agreement requirements for agreement approval in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023 apply to the present application. Further, as the Agreement was made on 25 March 2024 the better off overall test provisions in Part 2-4 of the Fair Work Act as amended on 6 June 2023 apply.
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.
The Applicant has raised that the Agreement contains several formatting and grammatical errors, which are detailed in Annexure A of this decision. The Applicant submits that the correction of these formatting and grammatical errors will not result in any changes to the conditions in the Agreement. The Applicant has sought that the Commission exercise its discretion pursuant to s.218A of the Act to amend obvious errors, defects or irregularities. Having considered the Applicant’s submissions, I am satisfied that the errors referred to in Annexure A are obvious errors, defects or irregularities and I will amend the Agreement accordingly pursuant to s. 218A of the Act.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2024. The nominal expiry date of the Agreement is 28 February 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE524484 PR774429>
Annexure A
| Page Number | Clause Reference | Type of Change | Change Summary |
| Page 1 | N/A | Formatting | Heading style updated |
| Page 2 | N/A | Grammatical Update | Acceptance and signatories reference changed to lowercase Removal of signatories – previously referred other management representative and CPSU representative |
| Page 3 | N/A | Update | Commonwealth pay fragmentation mechanism added to index |
| Page 3 | N/A | Update | Restriction allowance page reference updated |
| Page 4 | N/A | Update | Designated hours page reference updated |
| Page 4 | N/A | Update | Part-time work page reference updated |
| Page 5 | N/A | Update | Emergency response leave page reference updated |
| Page 5 | N/A | Update | Defence reservist leave page reference updated |
| Page 6 | N/A | Update | Delegates rights page reference updated |
| Page 8 | 5 | Update | Inclusion of ‘Studies’ to agreement definition so it reads as the Australian Institute of Aboriginal and Torres Strait Islander Studies |
| Page 9 | 5 | Grammatical | Comma added to employee representative definition |
| Page 10 | 5 | Grammatical | Within family definition point e. updated to ‘relationship or traditional kinship’ instead of ‘relationship of traditional kinship’ |
| Page 12 | 11.1.5 | Grammatical | ‘And’ reference removed |
| Page 12 | 13.3 | Formatting | Indented clause to align to rest of formatting |
| Page 15 | 29 | Grammatical | Comma removed |
| Page 17 | 47 | Grammatical | Addition of ‘a’ |
| Page 17 | 49 | Grammatical | ‘s’ added to clause reference as it references multiple clauses |
| Page 18 | 58 | Grammatical | ‘y’ added so it reads healthy lifestyle activity instead of health lifestyle activity |
| Page 19 | 65 | Grammatical | ‘Health’ added so the corporate role reads as Mental Health First Aid Officers instead of Mental First Aid Officers |
| Page 19 - 20 | 67 - 71 | Grammatical | ‘Workplace Responsibility Allowance’ changed to lowercase to read as ‘workplace responsibility allowance’ for consistency |
| Page 19 | 67.1 | Grammatical | ‘Statements of Attainment’ changed to lowercase |
| Page 20 | 70.1 & 70.3 | Update | ‘fire warden’ changed to ‘emergency warden’ for consistency |
| Page 20 | 76 | Grammatical | Reference to ‘28 day period’ changed to ‘28-day period’ |
| Page 21 | 79 | Grammatical | Time off in lieu spelt out in the first instance and then TOIL put in brackets |
| Page 21 | 81 | Grammatical | Reference to ‘Translator or Interpreter’ changed to lowercase |
| Page 21 | 86 | Grammatical | ‘the’ removed |
| Page 23 | 95 | Grammatical | ‘as’ added |
| Page 24 | 105 | Grammatical | ‘Workplace Responsibility Allowance’ reference changed to lowercase for consistency as per above changes |
| Page 24 | 107 & 107.1 - 107.2 | Formatting | Line spacing updated |
| Page 25 | 113 & 113.1 - 113.2 | Formatting | Line spacing updated |
| Page 25 | 117 | Grammatical | Time off in lieu abbreviated to TOIL as it was previously spelt out at clause 79 |
| Page 25 | 123 | Grammatical | Space added between ‘APS’ and ‘6’, previously read at ‘APS6’ |
| Page 25 | 126 | Grammatical | Reference to APS updated to APS 1-6 |
| Page 26 | 131 & 131.1 - 131.4 | Formatting | Line spacing updated |
| Page 26 | 134 | Grammatical | ‘a’ removed |
| Page 27 | 142 & 142.1 - 142.2 | Formatting | Line spacing updated and points indented |
| Page 27 | 145 & 145.1 - 145.3 | Formatting | Line spacing updated |
| Page 28 | 152.1 - 152.2 | Formatting | Points indented |
| Page 28 | 153, 153.1 - 153.2 & 153.2.1 | Formatting | Line spacing updated |
| Page 29 | 156 | Grammatical | Comma removed |
| Page 29 | 158.1 - 158.2 | Formatting | Points indented |
| Page 29 | 163.1 - 163.3 | Formatting | Line spacing updated and points indented |
| Page 30 | 165.2 | Formatting | Point indented |
| Page 30 | 165.3.1 - 165.3.3 & 165.3.3.1 - 165.3.3.2 | Formatting | Line spacing updated |
| Page 30 | 167.1 - 167.5 | Formatting | Line spacing updated and points indented |
| Page 30 | 168.2 | Formatting | Point indented |
| Page 31 | 174.1 - 174.2 | Formatting | Points indented |
| Page 32 | N/A | Formatting | Empty space between clauses 179 and 180 removed |
| Page 32 | 182 | Grammatical | ‘to’ added and hyphen removed |
| Page 33 | 197.1 – 197.8 | Formatting | Line spacing updated |
| Page 34 | 203 | Grammatical | ‘clause’ reference changed to ‘clauses’ as it references multiple clauses |
| Page 35 | 210 | Grammatical | ‘for’ added |
| Page 35 | 213.1 – 213.4 | Formatting | Line spacing updated |
| Page 36 | 225.1 – 225.5 | Formatting | Line spacing updated |
| Page 36 | 225.5 | Grammatical | Reference to ‘12 month period’ changed to ‘12-month period’ |
| Page 37 | 226 – 227.5 | Formatting | Line spacing updated |
| Page 37 | 228 – 229.3 | Formatting | Line spacing updated and points indented |
| Page 39 | 244.1 – 244.2 | Formatting | Line spacing updated |
| Page 40 | 257 | Update | Clause reference updated to correct clause number |
| Page 42 | 269.1 – 269.3 | Formatting | Line spacing updated and points indented |
| Page 42 | 272.1 | Formatting & Grammatical | Point indented and reference to ‘and’ removed |
| Page 42 | 275 | Grammatical | Reference to ‘Parental’ changed to lower case |
| Page 43 | 277.1 – 277.2 | Formatting | Line spacing updated and points indented |
| Page 43 | 281.1 – 281.2 | Formatting | Line spacing updated and points indented |
| Page 43 | 286.1 – 286.3 | Formatting | Line spacing updated |
| Page 44 | 296.1 – 296.2 | Formatting | Line spacing updated |
| Page 44 | 297.1 – 297.2 | Formatting | Points indented |
| Page 44 | 299.1 – 299.3 | Formatting | Line spacing updated |
| Page 45 | 305.1 – 305.2 | Formatting | Line spacing updated |
| Page 45 | 306.1 – 306.2 | Formatting | Line spacing updated and points indented |
| Page 46 | 319 | Grammatical | Reference to ‘institute’ updated to uppercase for consistency |
| Page 47 | 327.1 – 327.9 | Formatting | Line spacing updated and points indented |
| Page 47 | 334 | Grammatical | Reference to ‘Police Service, a Court, a Doctor, district Nurse, a Family Violence Support Service or Lawyer’ changed to lowercase |
| Page 48 | 336 | Update | Clause reference updated to correct clause number |
| Page 48 | 343.1 – 343.2 | Formatting | Line spacing updated and points indented |
| Page 48 | 344 | Grammatical | Space added between ‘EL’ and ‘2’ for consistency, previously read at ‘EL2’ |
| Page 49 | 346 | Grammatical | Space added between ‘EL’ and ‘2’ for consistency, previously read at ‘EL2’ |
| Page 49 | 349.1 – 349.3 | Formatting | Line spacing updated |
| Page 51 | 363 | Grammatical | Reference to ‘Division’ changed to lowercase |
| Page 51 | 369 | Grammatical | Reference to ‘AIATSIS’ updated to ‘the Institute’ for consistency |
| Page 52 | 369.1 – 369.2 | Formatting | Points indented |
| Page 52 | 371.1 - 373 | Formatting | Points indented |
| Page 52 | 374 | Grammatical | Reference to ‘Performance Agreement’ changed to lowercase, point indented |
| Page 52 | 375 | Formatting | Point indented |
| Page 53 | 381 | Grammatical | ‘an’ changed to ‘the’ |
| Page 53 | 382.1 – 382.4 | Formatting | Points indented |
| Pages 54 - 55 | 390.1 - 390.3 | Formatting | Points indented |
| Page 55 | 393 | Grammatical | ‘AC’ acronym added after reference to ‘air conditioning’ |
| Page 56 | 394 | Grammatical | Comma added |
| Page 56 | 395 | Grammatical | ‘Housing’ changed to lowercase |
| Page 56 | 396 | Grammatical | ‘Dental treatment’ changed to lowercase |
| Page 57 | 402.1 – 404.6 | Formatting | Line spacing updated and points indented |
| Page 58 | 406.1 – 406.2 | Formatting | Points indented |
| Page 58 | 408.1 – 408.2 | Formatting | Points indented |
| Page 58 | 409.1 – 409.7 | Formatting | Line spacing updated and points indented |
| Page 59 | 414.1 – 414.2.3 | Formatting | Line spacing updated, clause references updated and points indented |
| Page 59 | 420.1 – 420.3 | Formatting | Line spacing updated and points indented |
| Page 60 | 427.1 – 427.2 | Formatting & Grammatical | Line spacing updated and clause references updated |
| Page 61 | 431.1 – 432.2.2 | Formatting | Line spacing updated and points indented |
| Page 61 | 433.1 – 433.2.4 | Formatting | Line spacing updated and points indented |
| Page 62 | 440.1 – 440.4 | Formatting | Line spacing updated and points indented |
| Page 62 | 443.1 – 443.5 | Formatting | Line spacing updated and points indented |
| Page 63 | N/A | Formatting | Empty space between clauses 444 and 445 removed |
| Pages 63 - 64 | 450.1 – 450.3 | Formatting | Points indented |
| Page 64 | 454.1 – 454.2 | Grammatical | Reference to ‘1’ updated to ‘one’ and line spacing updated |
| Page 64 | 454.3 | Grammatical | Point indented |
| Page 64 | 459 | Grammatical | Reference to ‘12 month period’ changed to ‘12-month period’ |
| Page 66 | 463.1 – 463.2 | Formatting | Line spacing updated and points indented |
| Page 66 | 463.2 | Grammatical | ‘Subject’ changed to lowercase |
| Page 66 | 465.1 – 465.5 | Formatting | Line spacing updated and points indented |
| Page 66 | 466.1 – 466.2 | Formatting | Points indented |
| Page 66 | 467.1 – 467.2.2 | Formatting | Line spacing updated and points indented |
| Page 67 | 469.1 – 469.2 | Formatting | Points indented |
| Page 67 | 471.1 – 471.4 | Formatting | Line spacing updated and points indented |
| Page 67 | 471.4 | Grammatical | Space removed between ‘/’ and ‘her’ |
| Page 67 | 472.1 – 472.2 | Formatting | Points indented |
| Page 68 | 473.1 – 473.2 | Formatting | Line spacing updated |
| Page 68 | 475.1 – 475.2 | Formatting | Points indented |
| Page 68 | 479.1 – 479.2 | Formatting | Line spacing updated and points indented |
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