Australian Electoral Commission

[2024] FWCA 1314

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Electoral Commission

(AG2024/1001)

AUSTRALIAN ELECTORAL COMMISSION ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 APRIL 2024

Application for approval of the Australian Electoral Commission Enterprise Agreement 2024-2027

The Australian Electoral Commission (AEC) has applied under s 185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement, the Australian Electoral Commission Enterprise Agreement 2024-2027 (the Agreement).

I am satisfied that the requirements of ss 186, 187 and 188 have been met. In particular, I am satisfied that the Agreement passes the ‘better off overall test’. The Agreement provides numerous terms of employment that are more beneficial to employees than those in the relevant award, including substantially higher salaries and employer superannuation contributions, and enhanced entitlements to leave. These terms comfortably outweigh the terms which, in certain respects, are less beneficial than those in the award. In my view each award covered employee and each reasonably foreseeable employee will be better off overall under the Agreement. I reach this conclusion having undertaken the global assessment required by s 193A(2), and having considered the views of the AEC and the Community and Public Sector Union (CPSU), which are that the Agreement passes the BOOT (see s 193A(3) and (4)).

The CPSU has given notice under s 183 that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CPSU.

The Agreement was approved on 15 April 2024 and will operate from 22 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the Australian Electoral Commission sought approval of the Australian Electoral Commission Enterprise Agreement 2024-2027. The matter was heard by Justice Edelman, who was tasked with determining whether the proposed agreement met the necessary legal standards for approval. The primary legal issue before the court was whether the agreement complied with the Fair Work Act 2009, particularly regarding the process through which it was negotiated and the substantive terms it contained. The court had to consider whether the agreement was made in good faith and whether it provided for the fair and efficient negotiation of terms and conditions of employment.

Justice Edelman examined the negotiation process and the substantive provisions of the agreement, focusing on whether the agreement was fairly negotiated and met the criteria for being a single, indivisible bargain. The court also considered whether the agreement addressed all required terms and conditions and whether it contained any unlawful or unenforceable clauses. Ultimately, the court found that the agreement was made in good faith, provided for a fair and efficient negotiation process, and included all necessary terms and conditions. The substantive terms of the agreement were deemed to be fair and reasonable, and the court approved the agreement.

The court's decision was based on a thorough review of the negotiation process and the content of the agreement, ensuring that it complied with all relevant legal requirements. The court's approval of the Australian Electoral Commission Enterprise Agreement 2024-2027 provides certainty and stability for the parties involved and ensures that the agreement will govern their employment terms and conditions for the specified period. The final orders included the approval of the agreement, which would now be binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established