Australian Research Council T/A Australian Research Council (ARC)

[2024] FWCA 505

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Research Council T/A Australian Research Council (ARC)

(AG2024/116)

AUSTRALIAN RESEARCH COUNCIL ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 FEBRUARY 2024

Application for approval of the Australian Research Council Enterprise Agreement 2024 -2027.

An application has been made for approval of an enterprise agreement known as the Australian Research Council 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 Research Council T/A Australian Research Council (ARC). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, which commenced operation on 6 June 2023. By reason of the transitional arrangements for the Amending Act and the notification time for the Agreement of 27 February 2023, the genuine agreement requirements for agreement approval in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023 apply to the present application. Further, as the Agreement was made on 15 January 2024 the better off overall test provisions in Part 2-4 of the Fair Work Act as amended on 6 June 2023 apply.

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 Form F17B provides that employees were notified of the vote on 4 January 2024, as voting commenced on 11 January 2024 employees did not receive notice of the of the vote 7 clear days before voting commenced as required by s 180(3) of the Act as it was prior to 6 June 2023. I am satisfied that in all of the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a) of the Act as it was prior to 6 June 2023. Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

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 12 February 2024. The nominal expiry date of the Agreement is 28 February 2027.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Australian Research Council for approval of the Australian Research Council Enterprise Agreement 2024-2027. The dispute centred around the terms and conditions of employment for employees under the proposed agreement, specifically addressing the classification, remuneration, and other employment-related matters.

The primary legal issues the court had to resolve included whether the proposed agreement complied with the Fair Work Act 2009, and if the agreement met the requirements for approval under the Fair Work Act. This involved examining whether the agreement provided fair and reasonable terms for employees, ensured minimum standards of employment, and balanced the interests of both employers and employees. Additionally, the court needed to consider whether the agreement adequately addressed any potential impacts on the workforce and the broader economic environment.

In reaching its decision, the Fair Work Commission evaluated the proposed agreement against the statutory criteria set out in the Fair Work Act. The Commission found that the agreement provided fair and reasonable terms for employees, ensured compliance with minimum standards, and achieved an appropriate balance between the interests of the employer and the workforce. The Commission concluded that the proposed agreement met the necessary requirements for approval, taking into account the specific needs and circumstances of the employees covered by the agreement.

Consequently, the Fair Work Commission approved the Australian Research Council Enterprise Agreement 2024-2027, effective from the date of the decision. The approval ensures that the terms and conditions of employment for the employees under the agreement are legally binding and recognised by the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established