Fair Work Commission’s first enforceable undertaking

Fair Work Commission

The General Manager of the Fair Work Commission, Murray Furlong, has today accepted the Commission’s first enforceable undertaking.

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.

Enforceable undertakings are voluntary but binding agreements under the Fair Work (Registered Organisations) Act 2009. They 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 Registered Organisations Act by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 that commenced earlier this year.

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