The Commonwealth of Australia (Acting through and represented by the Department of the Environment and Energy)

[2016] FWCA 8412

[2016] FWCA 8412

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Commonwealth of Australia (Acting through and represented by the Department of the Environment and Energy)
(AG2016/6665)

DEPARTMENT OF THE ENVIRONMENT AND ENERGY ENTERPRISE AGREEMENT 2016–2019

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 23 NOVEMBER 2016

Application for approval of the Department of the Environment and Energy Enterprise Agreement 2016–2019.

[1] An application has been made for approval of an enterprise agreement known as the Department of the Environment and Energy 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 the Commonwealth of Australia acting through and represented by the Department of the Environment and Energy. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Community and Public Sector Union, the Australian Salaried Medical Officers Federation, the Union of Christmas Island Workers, The Australian Workers’ Union; and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2016. The nominal expiry date of the Agreement is 29 November 2019.

COMMISSIONER

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ANNEXURE A