DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Office of the Fair Work Ombudsman
(AG2016/5962)

FAIR WORK OMBUDSMAN ENTERPRISE AGREEMENT 2016-2019

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 12 OCTOBER 2016

Application for approval of the Fair Work Ombudsman Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Fair Work Ombudsman 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 Office of the Fair Work Ombudsman. 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 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.

[4] The Agreement was approved on 12 October 2016 and, in accordance with s.54, will operate from 19 October 2016. The nominal expiry date of the Agreement is 18 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Office of the Fair Work Ombudsman applied to the Fair Work Commission for approval of the Fair Work Ombudsman Enterprise Agreement 2016-2019. The application was made pursuant to section 247 of the Fair Work Act 2009. The applicants argued that the agreement should be approved as meeting the requirements for a single-enterprise agreement and that it be registered by the Commission. The dispute centred on the validity and enforceability of the agreement, particularly in relation to the provisions concerning pay rates and conditions for employees within the office.

The legal issues before the court involved whether the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. Specifically, the court needed to determine if the agreement provided fair and reasonable terms for employees, and if it met the statutory requirements for an enterprise agreement. The court also had to consider whether the agreement was genuinely negotiated and if it provided for the proper protection of employees' interests.

The Fair Work Commission found that the agreement was generally in line with the statutory requirements and provided fair and reasonable terms for employees. The court considered the negotiation process, the fairness of the terms, and the overall compliance with the Act and Regulations. The Commission approved the agreement, noting that it was a genuine agreement that met the necessary criteria for registration. The agreement was found to provide for fair pay and conditions, and to properly protect the interests of the employees within the office.

The Fair Work Commission ordered the registration of the Fair Work Ombudsman Enterprise Agreement 2016-2019. The agreement was to be effective from the date of registration and would govern the employment conditions for the specified period. The decision confirmed the validity and enforceability of the agreement, providing certainty for both the office and its employees.

The Office of the Fair Work Ombudsman

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established