Australian Office of Financial Management

[2024] FWCA 1009

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Office of Financial Management

(AG2024/717)

AUSTRALIAN OFFICE OF FINANCIAL MANAGEMENT (AOFM) ENTERPRISE AGREEMENT 2024 - 2027

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 21 MARCH 2024

Application for approval of the Australian Office of Financial Management (AOFM) Enterprise Agreement 2024 - 2027.

An application has been made for approval of an enterprise agreement known as the Australian Office of Financial Management (AOFM) 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 Office of Financial Management. 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 Notice of Employee Representational Rights (NERR) given to employees contains a slightly different name for the Agreement to which it is referenced in clause 1 of the Agreement. I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(5)(a) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

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 28 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

In the Fair Work Commission, the Australian Office of Financial Management (AOFM) sought approval for its proposed enterprise agreement 2024 - 2027. The AOFM is a Commonwealth authority responsible for the management of the Commonwealth’s debt portfolio and investments. The enterprise agreement in question aimed to set out the terms and conditions of employment for AOFM employees over the specified period. The dispute arose as the AOFM sought to ensure that the proposed agreement was consistent with its objectives and complied with relevant legislation and industrial relations principles.

The central legal issue before the Commission was whether the proposed agreement met the necessary standards and requirements as set out in the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement provided for the fair and efficient resolution of workplace issues, adequately protected employee rights, and aligned with broader economic and public interest considerations. Additionally, the Commission needed to determine if the agreement appropriately balanced the interests of the AOFM with those of its employees.

The Commission, after careful consideration of the submissions and evidence presented by both the AOFM and the employees, found that the proposed agreement was compliant with the statutory requirements. The agreement was deemed to provide for a fair and efficient resolution of workplace issues and adequately protected employee rights. Furthermore, it was considered to align with the broader economic and public interest considerations relevant to the AOFM’s role. The Commission approved the enterprise agreement, noting that it achieved a reasonable balance between the AOFM's operational needs and the rights and interests of its employees.

In conclusion, the Fair Work Commission approved the Australian Office of Financial Management’s proposed enterprise agreement 2024 - 2027. This decision recognised that the agreement met the necessary standards and requirements under the Fair Work Act 2009 and appropriately balanced the interests of both the AOFM and its employees. The approval ensures that the AOFM can proceed with implementing the agreed terms and conditions of employment 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