Australian Bureau of Statistics Summary

[2024] FWCA 3072

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Bureau of Statistics

(AG2024/2783)

AUSTRALIAN BUREAU OF STATISTICS INTERVIEWERS ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
COMMISSIONER MCKINNON	SYDNEY, 22 AUGUST 2024

Application for approval of the Australian Bureau of Statistics Interviewers Enterprise Agreement 2024-2027

The Australian Bureau of Statistics has applied for approval of a single enterprise agreement known as the Australian Bureau of Statistics Interviewers Enterprise Agreement 2024-2027 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 29 August 2024. The nominal expiry date of the Agreement is 18 June 2027.

The Agreement covers the CPSU, the Community and Public Sector Union (CPSU).

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision, the Australian Bureau of Statistics sought approval for the Australian Bureau of Statistics Interviewers Enterprise Agreement 2024-2027. The application was made to the Fair Work Commission, which was tasked with determining whether the proposed agreement met the legal requirements for enterprise agreements under the Fair Work Act 2009. The agreement sought to regulate employment terms and conditions for interviewers within the Bureau.

The key legal issue before the Commission was whether the agreement provided for a fair and efficient workplace while also ensuring that employees were not disadvantaged. This involved assessing the agreement against the 'better off overall test' which mandates that the terms and conditions of an enterprise agreement must not be less favourable to employees than the applicable awards or previous agreements. Additionally, the Commission had to consider whether the agreement complied with the good faith bargaining requirement and did not include prohibited content.

The Commission found that the agreement met the statutory requirements under the Act. It provided for terms and conditions that were fair and efficient, and the employees would be better off overall. The agreement contained provisions for wages, leave, and other working conditions that were consistent with the applicable awards and previous agreements. The Commission was satisfied that the bargaining process was conducted in good faith, and the agreement did not contain any prohibited content. Consequently, the Commission approved the agreement.

As a result of the Commission's decision, the Australian Bureau of Statistics Interviewers Enterprise Agreement 2024-2027 was approved and is now in effect. This decision sets a precedent for the terms and conditions of employment for interviewers within the Bureau and ensures that the agreement complies with the relevant legislative framework.

Australian Bureau of Statistics

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established