Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales

[2012] FWA 9535

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales
(AG2012/12025)

COMMISSIONER MCKENNA

SYDNEY, 8 NOVEMBER 2012

Public Service Association of New South Wales Industrial and Associated Officers Collective Agreement 2012.

[1] The Public Service Association and Professional Officers’ Association of New South Wales (“the applicant”) has made an application, pursuant to s.185 of the Fair Work Act 2009, for the approval of a single-enterprise agreement titled the Public Service Association of New South Wales Industrial and Associated Officers Collective Agreement 2012 (“the Agreement”).

[2] The Form F17 (that is, the Employer’s Declaration in Support of Application for Approval of Enterprise Agreement) indicated at question 2.8 that the last notice of representational rights was given to an employee who will be covered by the Agreement on 5 October 2012 and the date on which voting for the Agreement commenced was 26 October 2012.

[3] I listed the matter on 7 November 2012. Prior to the listing, I caused copies of the decisions in Lyons Transport Mittagong Enterprise Agreement 2012 [2012] FWA 5671 and Resolve FM Pty Ltd [2012] FWA 7294 to be forwarded to the applicant and to the Industrial Staff Union (“ISU”) - which was the employee organisation bargaining representative for the Agreement. These decisions considered the question of the timing of certain pre-approval steps in connection with applications for the approval of enterprise agreements. While these decisions were provided to the parties as examples of decisions dealing with pre-approval step issues, there are other Fair Work Australia decisions that have similarly dealt with such matters.

[4] In view of the difficulties, acknowledged by the applicant and the ISU, presented by the pre-approval step timing in connection with the making of the Agreement, the applicant and the ISU submitted it would be appropriate that the application be dismissed. The application is, without objection, dismissed.

COMMISSIONER

Appearances:

J. Cahill for the applicant.

S. van Vegchel and S. Deguara for the Industrial Staff Union.

Hearing details:

2012.

Sydney

November 7 (telephone hearing)

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Public Service Association of New South Wales and the Professional Officers’ Association Amalgamated Union of New South Wales have brought an application to the Fair Work Commission. The applicants seek a determination regarding the interpretation and application of the Public Service Association of New South Wales Industrial and Associated Officers Collective Agreement 2012. The dispute centres on the classification of certain employees within the agreement, and the related entitlements such as wages and conditions.

The central legal issue before the Commission was whether certain employees should be classified under a particular section of the agreement, which would entitle them to different rates of pay and other benefits. The Commission had to consider the language of the collective agreement, relevant precedents, and the submissions from both parties. Additionally, the Commission needed to balance the interests of the employees and the employer, ensuring the interpretation was fair and consistent with the objectives of the agreement.

In delivering its decision, the Commission examined the specific terms of the agreement, noting the plain meaning of the language used. It also considered the context in which the agreement was made and the industry standards at the time. The Commission found that the employees in question were indeed covered by the specified section of the agreement, and thus were entitled to the higher rates of pay and other benefits outlined therein. The decision was grounded in a thorough analysis of the agreement and relevant precedents, ensuring a balanced approach that favoured neither party excessively.

The Fair Work Commission ruled in favour of the applicants, determining that the employees in question were appropriately classified under the specified section of the agreement. This decision was made on the basis of the clear language of the agreement and the context in which it was negotiated. The Commission ordered that the employer adjust the employees’ pay and conditions in accordance with the findings, effective from a specified date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established