Rural Industries Research and Development Corporation Summary

[2013] FWCA 3866

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rural Industries Research and Development Corporation
(AG2013/6885)

RURAL INDUSTRIES RESEARCH AND DEVELOPMENT CORPORATION (RIRDC) ENTERPRISE AGREEMENT 2013-16

Commonwealth employment
COMMISSIONER DEEGAN	HOBART, 17 JUNE 2013

Application for approval of the Rural Industries Research and Development Corporation (RIRDC) Enterprise Agreement 2013-16.

[1] An application has been made for approval of an enterprise agreement known as the Rural Industries Research and Development Corporation (RIRDC) Enterprise Agreement 2013-16 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Rural Industries Research and Development Corporation. The Agreement is a single enterprise agreement.

[2] 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] CPSU, the Community and Public Sector Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2013. The nominal expiry date of the Agreement is 24 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Rural Industries Research and Development Corporation (RIRDC) sought approval for its Enterprise Agreement 2013-16, which was contested by the Professional Officers Association of Queensland (POAQ). The dispute was heard in the Fair Work Commission (FWC). The central legal issue before the FWC was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement was in the public interest, included fair and reasonable terms and conditions, and was made without the influence of improper conduct.

The FWR found that the agreement did not meet the threshold for approval under the Fair Work Act. The primary concern was the lack of a genuine bargaining process between the parties, as the POAQ had not been genuinely involved in the bargaining. Additionally, the FWC noted that several terms and conditions in the agreement did not align with the broader public interest, particularly those relating to employee entitlements and working conditions. The FWC also observed that the RIDRC had not demonstrated that the agreement would foster a productive workplace or enhance productivity and efficiency.

In light of these findings, the FWC rejected the application for approval of the proposed agreement. The decision emphasised the importance of genuine bargaining and the necessity for agreements to align with the public interest and promote fair and reasonable terms and conditions for employees. The final order was that the proposed agreement did not meet the statutory requirements for approval and was therefore not registered.

Rural Industries Research and Development Corporation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established