Australian Institute of Family Studies

[2024] FWCA 970

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Institute of Family Studies

(AG2024/536)

AUSTRALIAN INSTITUTE OF FAMILY STUDIES ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 18 MARCH 2024

Application for approval of the Australian Institute of Family Studies Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the Australian Institute of Family Studies 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 Institute of Family Studies. 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.

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 25 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 applicant, the Australian Institute of Family Studies, sought approval of an enterprise agreement proposed for the period 2024-2027. The Fair Work Commission was the court that heard this matter. The dispute centred on whether the terms of the proposed agreement met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was fairly negotiated and if it complied with the provisions regarding the protection of employees' rights and entitlements.

The legal issues before the Commission included whether the agreement provided adequate safeguards for employee rights and whether the terms were consistent with the broader principles of the Fair Work Act. The Commission also had to consider if the agreement adequately addressed the needs of both the employer and the employees, ensuring fairness and balance in the proposed terms. Furthermore, the Commission examined whether the agreement contained provisions that aligned with the public interest and the objectives of the Fair Work Act.

In delivering its decision, the Commission carefully examined the negotiation process and the content of the proposed agreement. It found that the agreement was fairly negotiated and that it provided adequate protection for employees' rights and entitlements. The Commission concluded that the agreement was consistent with the principles of the Fair Work Act and aligned with the public interest. Based on this analysis, the Commission approved the Australian Institute of Family Studies Enterprise Agreement 2024-2027. The approval ensures that the agreement will provide a fair and balanced framework for the employment relationship between the Institute and its employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established