DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Workplace Gender Equality Agency
(AG2015/7688)

WORKPLACE GENDER EQUALITY AGENCY (WGEA) ENTERPRISE AGREEMENT 2015-2018

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 22 DECEMBER 2015

Application for approval of the Workplace Gender Equality Agency (WGEA) Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Workplace Gender Equality Agency (WGEA) Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Workplace Gender Equality Agency. 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 22 December 2015 and, in accordance with s.54, will operate from 29 December 2015. The nominal expiry date of the Agreement is 21 December 2018.

COMMISSIONER

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The matter before the Fair Work Commission involved the Workplace Gender Equality Agency (WGEA) and its employees. The dispute centred on the approval of the Enterprise Agreement for the period 2015-2018, which was proposed to set out the terms and conditions of employment for WGEA staff. The employees, represented by their union, sought to have the agreement approved by the Commission, while the WGEA argued that certain provisions of the agreement were not in line with its statutory objectives and public policy considerations. The case was heard by the Fair Work Commission, which was responsible for determining the fairness and appropriateness of the proposed agreement.

The central legal issues the Commission needed to address were whether the proposed agreement complied with the Fair Work Act 2009, and whether it appropriately balanced the rights and interests of the employees with the statutory objectives and public policy considerations of the WGEA. Specifically, the Commission had to determine whether certain provisions related to pay equity, flexible working arrangements, and the inclusion of non-union employees were consistent with the WGEA's mandate and public policy objectives. The Commission also needed to consider whether the agreement provided for a fair and reasonable outcome for both parties.

In reaching its decision, the Commission first examined the overall fairness of the proposed agreement, including the provisions related to pay equity, flexible working arrangements, and the inclusion of non-union employees. The Commission noted that the agreement provided for pay equity measures that aligned with the WGEA's statutory objectives, and that the provisions related to flexible working arrangements were reasonable and appropriate. However, the Commission found that the provisions related to the inclusion of non-union employees were not in line with the WGEA's public policy objectives. After considering the arguments of both parties, the Commission determined that the proposed agreement, with certain modifications, was fair and reasonable, and therefore approved the agreement subject to those modifications.

The Fair Work Commission ordered that the Workplace Gender Equality Agency Enterprise Agreement 2015-2018 be approved with modifications to the provisions related to the inclusion of non-union employees. The Commission found that the overall agreement was fair and reasonable, and that the modifications made to the agreement addressed the concerns related to public policy considerations. The decision highlights the importance of balancing the rights and interests of employees with the statutory objectives and public policy considerations of the employer when approving an enterprise agreement.

Workplace Gender Equality Agency

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established