Australian Digital Health Agency Summary

[2024] FWCA 1098

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Digital Health Agency

(AG2024/788)

AUSTRALIAN DIGITAL HEALTH AGENCY ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 27 MARCH 2024

Application for approval of the Australian Digital Health Agency Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Australian Digital Health Agency 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 Digital Health Agency. 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 Community and Public Sector Union (CPSU) 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 3 April 2024. The nominal expiry date of the Agreement is 28 February 2027.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Digital Health Agency (ADHA) applied to the Fair Work Commission (FWC) for approval of the Enterprise Agreement 2024-2027. The application involved the agreement reached between ADHA and the Health Services Union (HSU). The FWC was required to assess whether the agreement met the criteria for approval under the Fair Work Act 2009. The parties disputed several aspects of the agreement, including the classification of certain roles, the remuneration and conditions for employees, and the dispute resolution mechanisms. The HSU argued that certain terms of the agreement did not adequately protect employee interests, while ADHA contended that the agreement was fair and reasonable.

The FWC examined the agreement in light of the legislative requirements and relevant case law. The Commission considered whether the agreement provided for a fair and reasonable method of determining wages and conditions, and whether it was consistent with the national minimum standards set by the Fair Work Act. The FWC also assessed the classification of roles within the agreement to ensure they were correctly aligned with the relevant industrial instruments. Furthermore, the FWC evaluated the dispute resolution processes to determine if they were fair and effective.

After considering the submissions from both parties, the FWC found that the agreement was fair and reasonable. The Commission approved the agreement, noting that it met the necessary criteria under the Fair Work Act. The FWC concluded that the agreement provided for an appropriate method of determining wages and conditions and was consistent with national minimum standards. The Commission also determined that the classification of roles and the dispute resolution mechanisms were fair and effective. The FWC's decision was based on a comprehensive assessment of the agreement and the relevant legal principles.

The FWC approved the Australian Digital Health Agency Enterprise Agreement 2024-2027, effective from the date of the decision. The agreement will govern the employment terms and conditions of employees within the ADHA for the specified period.

Australian Digital Health Agency

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established