DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Torres Strait Regional Authority
(AG2017/1717)

TORRES STRAIT REGIONAL AUTHORITY ENTERPRISE AGREEMENT (TSRA), 2017

Commonwealth employment
COMMISSIONER CIRKOVIC	MELBOURNE, 30 MAY 2017

Application for approval of the Torres Strait Regional Authority Enterprise Agreement (TSRA), 2017.

[1] An application has been made for approval of an enterprise agreement known as the Torres Strait Regional Authority Enterprise Agreement (TSRA), 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Torres Strait Regional Authority. The Agreement is a single enterprise agreement.

[2] The Applicant 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 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 was approved on 30 May 2017 and, in accordance with s.54, will operate from 6 June 2017. The nominal expiry date of the Agreement is 6 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Torres Strait Regional Authority sought approval for the Torres Strait Regional Authority Enterprise Agreement 2017. The dispute centred on whether the proposed agreement met the necessary legal and procedural requirements for approval. The Commission was tasked with determining whether the agreement provided for appropriate terms and conditions, and whether the necessary consultation and negotiation processes had been followed.

The legal issues before the Commission involved verifying if the agreement adhered to the Fair Work Act and associated regulations, specifically concerning minimum wage rates, penalty rates, and other employment conditions. Additionally, the Commission needed to assess if the agreement had been appropriately negotiated and if the consultation processes were in line with the statutory requirements. The Torres Strait Regional Authority argued that the agreement was the result of genuine negotiation and consultation, while no other party contested the agreement's terms directly.

The Fair Work Commission found that the agreement was negotiated in good faith and that the consultation processes were adequate. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, including appropriate wage rates and other employment conditions. The Commission concluded that the agreement met the necessary requirements for approval under the Fair Work Act. Consequently, the application for approval of the Torres Strait Regional Authority Enterprise Agreement 2017 was approved.

The Commission's final orders were that the agreement be approved as a registered agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the terms and conditions outlined in the agreement would apply to the employees of the Torres Strait Regional Authority.

Torres Strait Regional Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established