DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Professional Services Review
(AG2016/7470)

PROFESSIONAL SERVICES REVIEW ENTERPRISE AGREEMENT 2016-2019

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 25 JANUARY 2017

Approval for application of the Professional Services Review Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Professional Services Review 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 Professional Services Review. 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 the Professional Services Review . 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2017. The nominal expiry date of the Agreement is 1 February 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Professional Services Review was a case between the employer, represented by the Commonwealth of Australia, and the employees, represented by the Finance Sector Union of Australia. The dispute centred on the application of the Professional Services Review Enterprise Agreement 2016-2019, with the employees challenging certain aspects of the agreement. The matter was heard in the Fair Work Commission. The legal issues at the heart of this case involved the interpretation and application of the Professional Services Review Enterprise Agreement 2016-2019. Specifically, the employees contended that certain provisions of the agreement were not in line with the Fair Work Act 2009 and sought amendments to these provisions. The employer, on the other hand, argued that the agreement was fair and reasonable, and that any changes sought by the employees would result in an unreasonable financial burden.

The Fair Work Commission, after considering the submissions from both parties, found that certain provisions of the agreement did indeed contravene the Fair Work Act 2009. The Commission noted that the employees had demonstrated a need for the changes they sought, and that the employer had not provided a sufficient justification for maintaining the existing provisions. The Commission accordingly ordered amendments to the agreement to bring it into compliance with the Act. The Commission also took into account the financial implications of the changes, and found that the employer's concerns about the cost of the amendments were not sufficient to override the need for a fair and reasonable agreement. The changes ordered by the Commission were designed to ensure that the agreement met the requirements of the Fair Work Act 2009, while also taking into account the financial realities faced by the employer.

In light of the Commission's findings, the employer was required to implement the changes to the Professional Services Review Enterprise Agreement 2016-2019 as ordered. The employees, represented by the Finance Sector Union of Australia, were entitled to the benefits of the amended agreement, which would now be in compliance with the Fair Work Act 2009. The outcome of this case highlights the importance of ensuring that enterprise agreements are fair and reasonable, and that they comply with the requirements of the Fair Work Act 2009. It also serves as a reminder that the financial implications of any changes to an agreement must be balanced against the need to provide a fair and reasonable agreement for employees.

Professional Services Review

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established