Australian Criminal Intelligence Commission

[2024] FWCA 921

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Criminal Intelligence Commission

(AG2024/555)

AUSTRALIAN CRIMINAL INTELLIGENCE COMMISSION ENTERPRISE AGREEMENT 2024-27

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 14 MARCH 2024

Application for approval of the Australian Criminal Intelligence Commission Enterprise Agreement 2024-27.

An application has been made for approval of an enterprise agreement known as the Australian Criminal Intelligence Commission Enterprise Agreement 2024-27 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Criminal Intelligence Commission. 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 Notice of Employee Representational Rights (NERR) given to employees contains the name of the Agreement which omits ‘2024-27’. I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(5)(a) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

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 21 March 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 Criminal Intelligence Commission, the Federal Government entity responsible for gathering and analysing criminal intelligence, applied to the Fair Work Commission for approval of the Australian Criminal Intelligence Commission Enterprise Agreement 2024-27. The application was brought before Commissioner John O'Dea. The agreement in question pertains to the employment conditions of certain employees within the Commission, and the application sought the agreement's approval under the Fair Work Act 2009. The key issues before the court were whether the agreement met the requirements of the Fair Work Act and whether it was in the best interests of the employees it covered.

The court examined the provisions of the Fair Work Act, focusing on whether the agreement was "freely and fairly negotiated" and if it contained the mandatory terms and conditions stipulated by the Act. Additionally, the court considered whether the agreement was likely to have a detrimental effect on the employment conditions of the employees it covered. In its decision, the court found that the agreement was indeed freely and fairly negotiated, and it contained all the mandatory terms and conditions required by the Act. The court also determined that the agreement would not have a detrimental effect on the employment conditions of the employees it covered.

Consequently, the court approved the Australian Criminal Intelligence Commission Enterprise Agreement 2024-27. The approval was granted on the condition that the agreement be registered with the Fair Work Commission and that it be given effect by the parties. This decision ensures that the employees of the Commission have a clear and fair understanding of their employment terms and conditions, while also providing the Commission with the necessary flexibility to manage its workforce effectively.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established