Australian Centre for International Agricultural Research

[2024] FWCA 1251

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Centre for International Agricultural Research

(AG2024/986)

AUSTRALIAN CENTRE FOR INTERNATIONAL AGRICULTURAL RESEARCH ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 8 APRIL 2024

Application for approval of the Australian Centre for International Agricultural Research Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the Australian Centre for International Agricultural Research Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Centre for International Agricultural Research. The Agreement is a single enterprise agreement.

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.

The Agreement lodged contained a typographical error at clause 1 (Title). The Applicant sought to correct the error and filed an amended Agreement page. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2024. The nominal expiry date of the Agreement is 28 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Centre for International Agricultural Research (ACIAR) applied to the Fair Work Commission (FWC) for the approval of an enterprise agreement. The application involved determining whether the agreement met the requirements for approval under the Fair Work Act 2009 (FW Act). The FWC was tasked with assessing the agreement's compliance with the provisions of the Act, including ensuring it was made in good faith and covered all necessary terms and conditions of employment.

The key legal issues before the FWC were whether the proposed agreement was genuinely bargained between the parties and whether it complied with the procedural requirements outlined in the FW Act. The FWC also considered if the agreement contained all the mandated minimum terms and conditions and whether it provided fair and reasonable protections for employees. Furthermore, the FWC had to determine if the agreement was made in good faith and whether it met the criteria for approval as stipulated in the legislation.

The FWC found that the agreement was genuinely negotiated between the parties and met all the procedural requirements of the FW Act. The agreement was deemed to cover all necessary terms and conditions of employment and provided fair and reasonable protections for employees. The FWC concluded that the agreement was made in good faith and satisfied the criteria for approval. Consequently, the FWC approved the enterprise agreement, which will now govern the employment conditions for employees of ACIAR until it expires or is replaced.

The FWC's final order was the approval of the Australian Centre for International Agricultural Research Enterprise Agreement 2024-2027. This decision confirmed the agreement's compliance with the FW Act and ensured that the terms and conditions of employment for ACIAR staff were legally recognised and protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established