The Greens NSW Summary

[2022] FWCA 2675

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Greens NSW

(AG2022/3200)

The Greens NSW Staff Collective Agreement 2022

Clerical industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 8 AUGUST 2022

Application for approval of The Greens NSW Staff Collective Agreement 2022

An application has been made by The Greens NSW pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the The Greens NSW Staff Collective Agreement 2022 (the Agreement).

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.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was lodged.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 August 2022. The nominal expiry date of the Agreement is 8 August 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by The Greens NSW Staff Collective Agreement 2022, seeking approval of the agreement by the Fair Work Commission. The applicant, The Greens NSW, is a political party registered under the Commonwealth Electoral Act 1918. The dispute centred on the terms and conditions of employment for staff members of The Greens NSW. The matter was heard in the Fair Work Commission, a tribunal responsible for resolving workplace disputes and making decisions about employment agreements and conditions in Australia.

The primary legal issue before the Commission was whether the proposed Staff Collective Agreement 2022 complied with the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the statutory requirements for a certified agreement, including the criteria set out in section 233 of the Act. This involved examining the agreement's provisions against the Fair Work (Registered Organisations) Act 2009 and assessing whether it adhered to the principles of good faith bargaining and industrial democracy.

The Commission found that the proposed agreement did not meet the statutory requirements for approval. The decision highlighted several deficiencies, including the absence of specific provisions on pay rates and conditions for certain categories of employees, which were essential for a certified agreement. Additionally, the Commission noted that the agreement did not adequately address the rights and obligations of employees and employers, nor did it provide sufficient mechanisms for dispute resolution. As a result, the Commission refused to approve the Staff Collective Agreement 2022.

The Fair Work Commission's decision underscores the importance of ensuring that collective agreements comply with statutory requirements and provide comprehensive coverage of employment terms and conditions. The refusal to approve the agreement indicates that The Greens NSW must revise the agreement to meet the necessary legal standards before seeking approval again.

The Greens NSW

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established