DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unions ACT
(AG2017/1003)

TLC ACT COLLECTIVE AGREEMENT 2017

Australian Capital Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 9 MAY 2017

Application for approval of the TLC ACT Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the TLC ACT Collective Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trades and Labour Council of the ACT T/As Unions 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Municipal, Administrative, Clerical and Services 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 is approved and, in accordance with s.54 of the Act, will operate from 16 May 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

Unions ACT lodged an application with the Fair Work Commission seeking approval of the TLC ACT Collective Agreement 2017. The application was contested by the Australian Education Union ACT Branch, which raised several objections to the agreement. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the collective agreement complied with the requirements of the Act, including whether it was a good faith bargain, and whether it met the public interest test. The Commission considered the objections raised by the contesting party and examined the provisions of the agreement to determine if it met the statutory criteria. In doing so, the Commission found that the agreement was a genuine bargain between the parties and met the public interest test.

The Commission approved the TLC ACT Collective Agreement 2017, finding that it met the criteria for approval under the Act. The Commission found that the agreement was a genuine bargain between the parties, and that it met the public interest test. The Commission also found that the agreement contained provisions that were necessary to ensure the health, safety and welfare of employees, and that it did not undermine the operation of the Act. The Commission rejected the objections raised by the contesting party and approved the agreement.

Unions ACT

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established