Public Service Skills Ltd T/A Government Skills Australia

[2014] FWCA 998

FAIR WORK COMMISSION

DECISION

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

Public Service Skills Ltd T/A Government Skills Australia
(AG2014/3577)

GOVERNMENT SKILLS AUSTRALIA ENTERPRISE AGREEMENT 2014

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 10 FEBRUARY 2014

Application for approval of the Government Skills Australia Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Government Skills Australia Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Public Service Skills Ltd T/A Government Skills Australia. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a consultation term however, it is not a consultation term that fully complies with s205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54, will operate from 17 February 2014. The nominal expiry date is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Public Service Skills Ltd T/A Government Skills Australia applied for approval of the Government Skills Australia Enterprise Agreement 2014. The application was made to the Fair Work Commission, which is responsible for approving enterprise agreements under the Fair Work Act 2009. The dispute arose from negotiations between the employer and the union representing the employees. The union argued that the proposed agreement did not adequately protect the employees' rights and conditions.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, specifically whether it provided for the fair and equitable treatment of employees, and whether it met the "better off overall test." This test requires that the agreement must provide employees with no less than the relevant award or registered agreement and must be better off overall than the previous agreement. The Commission also had to consider whether the agreement complied with the provisions of the Fair Work Act regarding the protection of employees' rights.

The Commission found that the agreement met the requirements of the Fair Work Act. It held that the agreement provided for fair and equitable treatment of employees and met the better off overall test. The Commission also found that the agreement complied with the provisions of the Fair Work Act regarding the protection of employees' rights. The agreement was approved by the Commission, subject to certain modifications to ensure compliance with the Act.

The Fair Work Commission approved the Government Skills Australia Enterprise Agreement 2014, subject to certain modifications. The modifications were made to ensure that the agreement complied with the Fair Work Act, including provisions relating to the protection of employees' rights. The employer and the union were required to implement the approved agreement, which provided for the fair and equitable treatment of employees and met the better off overall test.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established