DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Harbour Federation Trust
(AG2016/3152)

SYDNEY HARBOUR FEDERATION TRUST ENTERPRISE AGREEMENT 2016 - 2019

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 26 MAY 2016

Application for approval of the Sydney Harbour Federation Trust Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Harbour Federation Trust 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 Sydney Harbour Federation Trust. 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 26 May 2016 and, in accordance with s.54, will operate from 2 June 2016. The nominal expiry date of the Agreement is 1 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Sydney Harbour Federation Trust applied for approval of the Sydney Harbour Federation Trust Enterprise Agreement 2016-2019. The dispute involved the application's compliance with the Fair Work Act 2009. The Commission was tasked with ensuring the agreement met the requirements for approval and did not undermine the federal safety net of entitlements.

The legal issues centred on whether the agreement complied with the statutory provisions, particularly regarding minimum rates of pay, penalty rates, and allowances. The Commission examined the provisions of the agreement to determine if they provided for fair and reasonable terms and conditions of employment and whether they were consistent with the national system of minimum wages and conditions. Additionally, the Commission assessed whether the agreement unfairly disadvantaged any employee or group of employees.

The Commission concluded that the agreement substantially complied with the statutory requirements and did not unfairly disadvantage any employees. The agreement provided for fair and reasonable terms and conditions of employment, and the provisions regarding pay and conditions were consistent with the national system. The Commission found that the agreement met the criteria for approval under the Fair Work Act.

The Fair Work Commission approved the Sydney Harbour Federation Trust Enterprise Agreement 2016-2019, effective from the date of the decision. The approval ensures that the agreement provides for fair and reasonable terms and conditions of employment, and it contributes to the maintenance of the federal safety net of minimum entitlements.

Sydney Harbour Federation Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established