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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Federal Circuit Court, the Commonwealth of Australia, represented by the Department of the Environment and Energy, sought approval for the Department of the Environment and Energy Enterprise Agreement 2016–2019. The application was brought under the Fair Work Act 2009, seeking a determination that the agreement met the necessary criteria for approval as a registered agreement. The dispute centred on whether the agreement, which proposed various terms and conditions of employment for the employees of the Department, complied with the statutory requirements and provided for fair and reasonable terms.

The court had to determine whether the agreement was genuinely negotiated, whether it provided for fair and reasonable terms and conditions of employment, and if it met the procedural requirements for registration as a registered agreement. Specifically, the court needed to consider whether the agreement contained all the mandatory terms prescribed by the Fair Work Act and whether it had been negotiated in good faith. The court also had to examine the fairness and reasonableness of the terms of the agreement and assess if it met the threshold criteria set out in the Act.

The Federal Circuit Court found that the agreement was genuinely negotiated and contained all the mandatory terms prescribed by the Act. The court considered the evidence provided by the parties and concluded that the agreement was negotiated in good faith and that the terms and conditions were fair and reasonable. The court determined that the agreement met all the necessary criteria for approval and was therefore entitled to be registered as a registered agreement under the Fair Work Act. The court approved the application and registered the Department of the Environment and Energy Enterprise Agreement 2016–2019.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established