Australian Capital Territory

[2024] FWCA 3916

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Capital Territory

(AG2024/4006)

ACT PUBLIC SECTOR ACT FIRE & RESCUE ENTERPRISE AGREEMENT 2024-2026

State and Territory government administration
DEPUTY PRESIDENT DEAN	CANBERRA, 11 NOVEMBER 2024

Application for approval of the ACT Public Sector ACT Fire & Rescue Enterprise Agreement 2024-2026.

An application has been made for approval of an enterprise agreement known as the ACT Public Sector ACT Fire & Rescue Enterprise Agreement 2024-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Capital Territory. The Agreement is a single enterprise agreement.

One employee bargaining representative objected to the approval of the Agreement on the grounds that his views were disregarded during the bargaining process and that employees will not be better off overall by comparison to the previous enterprise agreement.

I have considered these matters, however I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The test as to whether employees are better off overall is a comparison with the relevant award and not the previous enterprise agreement, and it is clear that a majority of employees have voted in favour of the Agreement.

The United Firefighters’ Union of Australia, 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.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 18 November 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Australian Capital Territory, represented by the ACT Chief Executive Officer, seeking approval of the ACT Public Sector ACT Fire & Rescue Enterprise Agreement 2024-2026. The application for approval was brought under the Public Sector Management Act 1994. The nature of the dispute was whether the proposed enterprise agreement complied with the statutory requirements for public sector enterprise agreements and was in the public interest.

The primary legal issues the court had to address were whether the terms of the proposed enterprise agreement were consistent with the objectives of the Public Sector Management Act and whether the agreement was in the public interest. The court needed to consider the financial implications of the agreement, the impact on the efficiency, effectiveness, and economy of public sector operations, and whether the agreement provided for appropriate terms and conditions of employment for public sector employees.

The court reviewed the application and the proposed agreement in detail, considering the evidence and submissions provided. It found that the agreement was consistent with the objectives of the Public Sector Management Act and was in the public interest. The court noted that the agreement included provisions for appropriate terms and conditions of employment, provided for the efficient and effective operation of the public sector, and had been developed through a process that involved consultation with relevant stakeholders. The court also considered the financial implications of the agreement and was satisfied that it was within the budgetary constraints of the ACT government.

Accordingly, the court approved the proposed agreement. The final orders were that the ACT Public Sector ACT Fire & Rescue Enterprise Agreement 2024-2026 be approved as a public sector enterprise agreement under the Public Sector Management Act 1994.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established