DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Hon Margaret Stone Inspector-General of Intelligence and Security T/A Office of the Inspector-General of Intelligence and Security
(AG2020/698)

OIGIS ENTERPRISE AGREEMENT 2020 - 2023

Commonwealth employment
DEPUTY PRESIDENT CROSS	SYDNEY, 29 APRIL 2020

Application for approval of the OIGIS Enterprise Agreement 2020-2023.

[1] An application has been made for the approval of an enterprise agreement known as the OIGIS Enterprise Agreement 2020 -2023 (‘the Agreement’). The application was made by the Hon. Margaret Stone Inspector-General of Intelligence and Security (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). 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] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 6 May 2023

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Inspector-General of Intelligence and Security, trading as the Office of the Inspector-General of Intelligence and Security (OIGIS), which sought approval for the OIGIS Enterprise Agreement 2020-2023. The application was brought pursuant to section 78 of the Office of the Inspector-General of Intelligence and Security Act 1986 (Cth). The primary dispute centred on whether the proposed agreement complied with relevant legislative provisions and whether it was fair and reasonable in accordance with applicable industrial laws.

The court was tasked with determining whether the proposed enterprise agreement met the statutory requirements and whether it was consistent with the relevant industrial legislation. Key issues included whether the agreement provided adequate protections for employees, whether it was procedurally fair, and whether the terms and conditions were reasonable and appropriate given the nature of the work and the circumstances of the employees.

The court examined the provisions of the proposed agreement against the legislative framework and industrial standards. It considered the need for the agreement to align with the public interest and the unique operational requirements of the OIGIS. The court found that the agreement was consistent with the relevant laws and was fair and reasonable. It noted the procedural fairness in the negotiation process and the protections offered to employees. The court concluded that the agreement was in compliance with the statutory requirements and was appropriate given the nature of the work and the specific circumstances of the employees.

In light of the findings, the court approved the OIGIS Enterprise Agreement 2020-2023. The final orders confirmed the approval of the agreement, allowing it to come into effect as per the terms outlined in the document.

The Hon Margaret Stone Inspector-General of Intelligence and Security T/A Office of the Inspector-General of Intelligence and Security

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established