DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Safe Work Australia
(AG2015/7071)

SAFE WORK AUSTRALIA ENTERPRISE AGREEMENT 2015-2018

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 5 JANUARY 2016

Application for approval of the Safe Work Australia Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Safe Work Australia Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Safe Work Australia. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Agreement was approved on 5 January 2016 and, in accordance with s.54, will operate from 12 January 2016. The nominal expiry date of the Agreement is 4 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Safe Work Australia was the subject of an application to the Fair Work Commission for the approval of the Safe Work Australia Enterprise Agreement 2015-2018. The application was brought by Safe Work Australia, an entity involved in workplace safety and health regulation, seeking formal endorsement of the proposed enterprise agreement that would govern the terms and conditions of employment for its employees. The dispute centred around whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement contained all the required terms as mandated by the Act, if it complied with the Fair Work Act's provisions concerning minimum entitlements, and if the agreement was made in good faith and without coercion. The Commission also needed to consider if the agreement facilitated the efficient operation of the workplace and provided a safety net for employees. Additionally, the Commission assessed whether the agreement had been subject to the appropriate bargaining process and whether the employees had been adequately informed about the agreement and had the opportunity to vote on it.

The Fair Work Commission, after thorough deliberation, found that the Safe Work Australia Enterprise Agreement 2015-2018 did indeed meet the statutory requirements for approval. The Commission confirmed that the agreement contained all the mandated terms and adhered to the provisions of the Fair Work Act. It was determined that the agreement was made in good faith and without coercion and that it facilitated the efficient operation of the workplace while providing a safety net for employees. The Commission also verified that the agreement had been subject to the appropriate bargaining process and that employees had been adequately informed and had the opportunity to vote on the agreement. Consequently, the Commission approved the enterprise agreement, enabling it to be registered and enforceable as a legally binding instrument.

Safe Work Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established