DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Commonwealth of Australia represented by the Department of Jobs and Small Business
(AG2018/7225)

DEPARTMENT OF JOBS AND SMALL BUSINESS ENTERPRISE AGREEMENT 2019 - 2022

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 29 JANUARY 2019

Application for approval of the Department of Jobs and Small Business Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Department of Jobs and Small Business Enterprise Agreement 2019-2022 (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 represented by the Department of Jobs and Small Business. The Agreement is a single enterprise agreement.

[2] The Employer 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 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 lodged contained errors at Clauses 133 and 134. On 25 January 2019, the Applicant filed an amended version of page 23 of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2019. The nominal expiry date of the Agreement is 4 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Commonwealth of Australia, represented by the Department of Jobs and Small Business, applied to the Fair Work Commission for the approval of the Department of Jobs and Small Business Enterprise Agreement 2019-2022. The dispute centred on the fairness and compliance of the proposed agreement with the requirements of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary criteria for approval, including its fairness in terms of both procedural and substantive fairness.

The legal issues before the Commission involved assessing the fairness of the agreement, both in terms of the process by which it was negotiated and the terms it contained. The Commission examined whether the agreement was negotiated in good faith, whether it provided for proper representation of employees, and whether the terms and conditions were fair and reasonable. Additionally, the Commission had to consider whether the agreement complied with the Fair Work Act, including the provisions related to the minimum entitlements and the protection of employees' rights.

In its decision, the Fair Work Commission found that the Department of Jobs and Small Business Enterprise Agreement 2019-2022 was fair and reasonable. The Commission concluded that the agreement was negotiated in good faith, with proper representation of employees, and that it provided for fair and reasonable terms and conditions. The Commission further determined that the agreement did not undermine the protection of employees' rights and complied with the requirements of the Fair Work Act. Based on these findings, the Commission approved the agreement, affirming its fairness and compliance with the relevant legislation.

The Commonwealth of Australia represented by the Department of Jobs and Small Business

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established