Australian Prudential Regulation Authority

[2025] FWCA 1226

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Prudential Regulation Authority

(AG2025/750)

APRA ENTERPRISE AGREEMENT 2025

Commonwealth employment
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 11 APRIL 2025

Application for approval of the APRA Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the APRA Enterprise Agreement 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 18 April 2025. The nominal expiry date of the Agreement is 10 April 2028.

The CPSU, the Community and Public Sector Union (CPSU), being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the CPSU.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Prudential Regulation Authority (APRA) applied to the Fair Work Commission for approval of an enterprise agreement it had negotiated with the Australian Council of Trade Unions. The dispute arose from negotiations over the terms and conditions of employment for APRA staff, specifically focusing on wages and other employment conditions for the period 2025. The Fair Work Commission was tasked with determining whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, if it complied with the relevant statutory requirements, and whether it was in the best interests of the employees. The Commission had to consider the balance between the rights of the employees to fair remuneration and the authority's need to maintain financial stability and operational efficiency.

After considering the submissions from both parties and the broader context of the regulatory environment, the Commission found that the proposed agreement was fair and reasonable. It concluded that the terms and conditions proposed in the agreement were consistent with the objectives of the Fair Work Act and did not undermine the regulatory functions of APRA. The Commission approved the enterprise agreement, noting that it provided a balanced outcome that addressed the interests of both APRA and its employees. The decision underscored the importance of maintaining a fair and stable employment relationship within the regulatory framework.

The Fair Work Commission approved the APRA Enterprise Agreement 2025, setting out the terms and conditions of employment for APRA staff for the period 2025. The Commission's decision was based on its finding that the agreement met the statutory requirements and was in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established