Australian Centre for International Agricultural Research

[2022] FWCA 850

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Centre for International Agricultural Research

(AG2022/567)

Australian Centre for International Agricultural Research Enterprise Agreement 2022-25

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 10 MARCH 2022

Application for approval of the Australian Centre for International Agricultural Research Enterprise Agreement 2022-25.

An application has been made for approval of an enterprise agreement known as the Australian Centre for International Agricultural Research Enterprise Agreement 2022-25 (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 (Employer). The Agreement is a single enterprise agreement.

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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2022. The nominal expiry date of the Agreement is 16 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Centre for International Agricultural Research (ACIAR) sought approval of its Enterprise Agreement 2022-25, which was being considered by the Fair Work Commission. The dispute involved the terms and conditions of employment for employees within the organisation. The Fair Work Commission was tasked with assessing the fairness of the agreement in line with the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the "better off overall test" and whether it complied with the "additional requirements" outlined in the Fair Work Act. The "better off overall test" requires that employees be no worse off financially under the proposed agreement compared to their existing conditions, while the "additional requirements" pertain to ensuring the agreement does not undermine employees' rights and protections. Additionally, the Commission needed to ensure that the agreement adhered to the national minimum standards set by the Safety, Rehabilitation and Compensation Act 1988.

In evaluating the agreement, the Commission found that it met the "better off overall test" as employees would receive various benefits, including salary increases and improvements to leave entitlements, without experiencing any financial detriment. Furthermore, the Commission was satisfied that the agreement complied with the "additional requirements" and did not undermine employees' rights or protections. The Commission also confirmed that the agreement aligned with the national minimum standards under the Safety, Rehabilitation and Compensation Act. Given these findings, the Commission approved the application for the agreement.

The Fair Work Commission approved the Australian Centre for International Agricultural Research Enterprise Agreement 2022-25, effective from 1 July 2022. The agreement now governs the employment terms and conditions for the specified period, ensuring that employees are fairly compensated and protected within the framework of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established