DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Productivity Commission
(AG2017/3270)

PRODUCTIVITY COMMISSION ENTERPRISE AGREEMENT 2017 - 2020

Commonwealth employment
DEPUTY PRESIDENT KOVACIC	CANBERRA, 29 AUGUST 2017

Application for approval of the Productivity Commission Enterprise Agreement 2017 - 2020.

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

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Productivity Commission. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2017. The nominal expiry date of the Agreement is 5 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Attachment A:

CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the Productivity Commission Enterprise Agreement 2017 to 2020. The Commission was asked to approve the agreement under section 195 of the Fair Work Act 2009. The application was brought by the Productivity Commission, and the Australian Council of Trade Unions opposed the application. The central issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to determine whether the agreement met the 'better off overall test' under section 195(1) of the Act, and whether it contained any terms that were contrary to public policy under section 45(2) of the Act.

The Fair Work Commission found that the agreement was compliant with the 'better off overall test', as it was satisfied that the employees covered by the agreement would be at least as well off, and in many cases better off, than they would be under the relevant industrial instrument. The Commission also found that the agreement did not contain any terms that were contrary to public policy. In reaching its decision, the Commission took into account the views of both the applicant and the objector, as well as relevant economic and social factors.

In light of the findings, the Fair Work Commission approved the Productivity Commission Enterprise Agreement 2017 to 2020. The agreement will now apply to the employees of the Productivity Commission for the specified period. The Commission's decision provides clarity and certainty for both the employer and employees, and ensures that the agreement is fair and meets the requirements of the Fair Work Act.

Productivity Commission

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established