Skip to content
Industrial Relations

The Fair Work Commission’s first Enforceable Undertaking (EU)

Fair Work Commission 2 mins read

The General Manager of the Fair Work Commission (Commission), Murray Furlong, has today accepted the Commission’s first enforceable undertaking (EU) using one of the new enforcement tools in section 316C of the Fair Work (Registered Organisations) Act 2009 (the RO Act). The Community and Public Sector Union (CPSU) State Public Services Federation (SPSF) entered into the undertaking after admitting non-compliance by its Western Australia Prison Officer’s Union Branch (the Branch).

Enforceable undertakings are voluntary but binding agreements under the RO Act that are negotiated between a person or entity and the Commission’s General Manager. They can be directed towards non-compliance that has occurred as well as preventing future non-compliance. Failure to comply with the terms of an enforceable undertaking may result in court action to enforce the undertaking.

The ability to enter into enforceable undertakings is one of the expanded powers and functions that were conferred on the General Manager as part of amendments to the RO Act by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 that commenced earlier this year.

An inquiry under section 330 of the RO Act was commenced following a protected disclosure investigation. The inquiry identified concerns around the conduct of an internal branch election in 2020 to fill casual vacancies (as well as other elections) and the failure to lodge notifications of changes to the Branch’s records with the regulator in relation to the filling of those offices, as required by the RO Act.  

The Commission’s General Manager, Mr Furlong, said that:

“I am committed to working closely with registered organisations to support them to achieve voluntary compliance with their statutory obligations, for the benefit of their Members.”

“The CPSU advised us that it had taken steps to improve its processes by commencing a comprehensive review of the SPSF Group rules, and by establishing internal governance bodies to coordinate and provide greater central oversight of the CPSU-SPSF Group’s compliance standards and practices.”

“The CPSU also indicated it was committed to making further changes to reduce the risk of future compliance failures. In light of these steps, and in consideration of an appropriate regulatory response to the identified compliance issues, the CPSU requested that I give consideration to engaging in an EU to resolve this matter.”

“I consider that an enforceable undertaking is a proportionate, appropriate and effective response to the identified compliance issues.”

“I would like to acknowledge and thank the officers at the CPSU for working closely with my staff at the Commission on this matter. It illustrates the benefits of positive and collaborative relationships between registered organisations and their regulator to achieve voluntary compliance.”

The CPSU has agreed for CPSU (SPSF Group) Branch officers to undertake training, complete a comprehensive review of their rules with the assistance of the Commission, establish a national training and development program and make the EU publicly available. 

A copy of the EU has been published on the Commission’s website. More information about enforceable undertakings can be found in our Guidance Note.

Media inquiries: 

Media team
Fair Work Commission
Email: media@fwc.gov.au
Phone number: +61 3 9063 7610

More from this category

  • Industrial Relations, Oil Mining Resources
  • 23/05/2024
  • 14:36
Mining and Energy Union

First Same Job Same Pay win: Mount Pleasant labour hire miners employed permanently on higher pay?

Twenty-seven Hunter Valley labour hire coal miners are the first direct beneficiaries of Same Job Same Pay laws, with the mine operator offering them permanent jobs with pay rises of more than $30,000 a year.  In March, the Mining and Energy Union made a Same Job Same Pay application to the Fair Work Commission for Programmed labour hire mineworkers at Mount Pleasant coal mine near Muswellbrook, operated by Thiess.  The MEU has withdrawn the application today after Thiess agreed to directly employ the Programmed workers in scope of the proposed Same Job Same Pay order.  “This is a terrific outcome…

  • Energy, Industrial Relations
  • 23/05/2024
  • 10:01
Mining and Energy Union

MEDIA ALERT: Eraring extension good news for jobs and energy security

MEU Northern Mining and NSW Energy District President, Robin Williams will be available to speak to media outside Eraring Power Station today at 12:00pm midday.The confirmation Eraring Power Station will continue operating until 2027 is good news for energy security and jobs at the power station, the Mining and Energy Union said today. However, Origin must now do the right thing and negotiate in good faith with local coal mines,in particular the Myuna and Mandalong Minesto further support local employment for the life of the power station, said MEU Northern Mining and NSW Energy District President Robin Williams. Mr Williams…

  • Industrial Relations, Oil Mining Resources
  • 22/05/2024
  • 13:58
Mining and Energy Union

BHP suffers another defeat as OS Agreement rejected again

The Fair Work Commission has rejected another application by BHP for approval of an Enterprise Agreement to cover its production workforce. The Mining and Energy Union said the FWC decision, which found that the proposed Enterprise Agreement was not valid because it had not been explained properly to workers, was the latest in a string of legal defeats for BHP’s in-house labour hire operation. MEU Queensland President Mitch Hughes said the decision delivered late Tuesday was a further indication that BHP’s approach in setting up a subsidiary to provide itself with a cheaper workforce was flawed. “This decision further exposes…

Media Outreach made fast, easy, simple.

Feature your press release on Medianet's News Hub every time you distribute with Medianet. Pay per release or save with a subscription.