Australian Institute of Marine Science

[2024] FWCA 1867

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Institute of Marine Science

(AG2024/1538)

APPLICATION FOR APPROVAL OF THE AUSTRALIAN INSTITUTE OF MARINE SCIENCE (AIMS) ENTERPRISE AGREEMENT 2024 – 2027

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 22 MAY 2024

Application for approval of the Australian Institute of Marine Science Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Australian Institute of Marine Science (AIMS) 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 the Australian Institute of Marine Science. The Agreement is a single enterprise agreement.

The Employer 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.

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.

The Community and Public Sector Union (CPSU) and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. 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 29 May 2024. The nominal expiry date of the Agreement is 20 April 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by the Australian Institute of Marine Science (AIMS) for the approval of their Enterprise Agreement (EA) for the period 2024 to 2027. The Fair Work Commission (FWC) was tasked with assessing the EA under the Fair Work Act 2009 (Cth). The application sought to ensure that the proposed agreement met the necessary criteria for approval, particularly concerning the procedural fairness and the absence of any unfair provisions.

The central legal issue before the FWC was whether the proposed EA complied with the requirements of section 233 of the Fair Work Act, which mandates that an enterprise agreement must not contain any terms that are unfair. Additionally, the FWC had to consider whether the process leading up to the agreement's negotiation and finalisation was procedurally fair and in line with the requirements set out in the Act. This involved a detailed examination of the consultation and negotiation processes employed by AIMS, as well as the contents of the proposed EA itself.

The FWC found that the process leading up to the negotiation and finalisation of the EA was procedurally fair, as it involved appropriate consultation and negotiation between AIMS and the relevant employee representatives. Furthermore, the Commission concluded that the proposed EA did not contain any unfair terms, as it provided for a balanced and reasonable set of terms and conditions for employees. The FWC was satisfied that the agreement was made in good faith, and that it met the criteria for approval as per the Fair Work Act. Consequently, the FWC approved the EA, acknowledging its compliance with the legislative requirements and the procedural fairness of the negotiation process.

The FWC's decision approved the Australian Institute of Marine Science Enterprise Agreement 2024 - 2027, confirming its compliance with the Fair Work Act and the procedural fairness of the negotiation process. This ruling ensures that the agreement will govern the employment terms and conditions for employees within AIMS for the specified period, subject to the terms and conditions outlined in the approved EA.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established