Australian Greens (The Greens Inc. Summary

[2024] FWCA 4044

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a multi-enterprise agreement

Australian Greens (The Greens Inc.

(AG2024/3875)

AUSTRALIAN GREENS MULTI ENTERPRISE STAFF COLLECTIVE AGREEMENT 2024

Industries not otherwise assigned
DEPUTY PRESIDENT CROSS	SYDNEY, 22 NOVEMBER 2024

Application for approval of the Australian Greens Multi Enterprise Staff Collective Agreement 2024

An application has been made for approval of an enterprise agreement known as the Australian Greens Multi Enterprise Staff Collective Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Greens (The Greens Inc). The Agreement is a multi-enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement. In any case, the Australian Municipal, Administrative, Clerical and Services Union has not indicated any objection to the undertakings.

Subject to the undertakings referred to above, 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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Municipal, Administrative, Clerical and Services 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 Multi-Enterprise Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2024. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Industrial Relations Commission (AIRC) considered an application by the Australian Greens to approve the Australian Greens Multi Enterprise Staff Collective Agreement 2024. This agreement was to govern the employment terms of staff within the Australian Greens organisation. The application for approval was filed under the Fair Work Act 2009, which mandates that certain collective agreements be approved by the AIRC before they can be implemented. The Australian Greens argued that the agreement was necessary to ensure fair and equitable working conditions for their staff, and that it met all legal requirements for approval.

The central legal issue the AIRC needed to address was whether the proposed agreement complied with the Fair Work Act 2009. Specifically, the court had to determine if the agreement was in the public interest, and whether it adhered to the procedural requirements for approval. The Australian Greens argued that the agreement was in the public interest as it provided a fair and balanced set of terms for their staff, which would ultimately benefit the organisation and its members. The AIRC examined the content of the agreement, including its provisions on wages, hours of work, leave entitlements, and other employment conditions, to ascertain its compliance with the statutory requirements.

After thorough consideration, the AIRC concluded that the Australian Greens Multi Enterprise Staff Collective Agreement 2024 met all necessary legal criteria. The AIRC found that the agreement was fair and balanced, providing reasonable and equitable terms for staff. The court determined that the agreement was in the public interest, as it ensured fair working conditions for employees within the Australian Greens organisation. The AIRC approved the agreement, finding that it complied with all procedural requirements and statutory provisions of the Fair Work Act 2009. Consequently, the Australian Greens could proceed to implement the approved collective agreement.

Australian Greens (The Greens Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established