DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Commonwealth of Australia Acting through the Great Barrier Reef Marine Park Authority
(AG2017/6429)

GREAT BARRIER REEF MARINE PARK AUTHORITY (GBRMPA) ENTERPRISE AGREEMENT 2018-2021

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 23 MARCH 2018

Application for approval of the Great Barrier Reef Marine Park Authority (GBRMPA) Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Great Barrier Reef Marine Park Authority (GBRMPA) Enterprise Agreement 2018-2021 (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 the Great Barrier Reef Marine Park Authority. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 March 2018. The nominal expiry date of the Agreement is 29 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Commonwealth of Australia, acting through the Great Barrier Reef Marine Park Authority, sought approval for its Enterprise Agreement 2018-2021. The application was heard in the Fair Work Commission, where the Authority argued for the agreement's endorsement based on its compliance with the Fair Work Act 2009 and its alignment with the principles of enterprise bargaining. The application was contested by various trade unions representing the employees, who argued that the agreement did not adequately address certain aspects of employee conditions and entitlements.

The primary legal issue before the Commission was whether the agreement met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, if it was fairly negotiated, and if it included the essential terms required by the Act. The unions raised concerns regarding the adequacy of provisions related to pay rates, conditions of employment, and dispute resolution mechanisms. The Authority defended the agreement, asserting that it had been developed through a rigorous process of negotiation and consultation, and that it provided for fair and reasonable terms for both employees and the employer.

In its decision, the Commission examined the evidence presented by both parties and assessed the agreement against the statutory criteria. The Commission found that, while there were areas of contention, the agreement substantially met the requirements of the Act. It was satisfied that the process of negotiation was genuine and that the agreement contained the essential terms mandated by law. The Commission also noted the Authority's efforts to address employee concerns through the agreement and found that it provided a fair and reasonable framework for the employment relationship. Consequently, the Commission approved the application, endorsing the Enterprise Agreement 2018-2021 as meeting the necessary standards for approval under the Fair Work Act 2009.

The Commonwealth of Australia Acting through the Great Barrier Reef Marine Park Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established