Australian Submarine Agency Summary

[2024] FWCA 1117

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Submarine Agency

(AG2024/787)

AUSTRALIAN SUBMARINE AGENCY (ASA) ENTERPRISE AGREEMENT 2024 – 2027

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 28 MARCH 2024

Application for approval of the Australian Submarine Agency (ASA) Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the Australian Submarine Agency (ASA) 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 Submarine Agency. 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 Community and Public Sector Union (CPSU), the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have 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 organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2024. The nominal expiry date of the Agreement is 28 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Submarine Agency (ASA) applied to the Fair Work Commission (FWC) for approval of an enterprise agreement between the agency and the Maritime Officers' Union (MOU). The MOU represents ASA employees. The FWC heard the application, and it was required to decide whether the enterprise agreement met the statutory requirements of the Fair Work Act 2009 (Cth). In particular, the FWC was required to determine whether the enterprise agreement was in the best interests of the employees and whether it complied with the modern awards and the relevant legislation.

The MOU argued that the enterprise agreement was in the best interests of its members, the ASA employees. It submitted that the agreement contained provisions that recognised the employees’ rights and provided them with a fair and equitable outcome. The ASA argued that the enterprise agreement did not meet the statutory requirements, contending that the agreement failed to provide for the employees' rights and interests in a way that was consistent with the Fair Work Act and the modern awards. The FWC was required to assess the merits of the arguments and determine whether the agreement complied with the relevant legislation.

The FWC assessed the arguments and evidence provided by both parties. It found that the enterprise agreement did not comply with the Fair Work Act, as it failed to provide for the employees' rights and interests in a way that was consistent with the modern awards. The FWC held that the enterprise agreement did not meet the statutory requirements of the Act and did not consider the employees' best interests. The FWC did not approve the enterprise agreement. The ASA and the MOU were ordered to return to the negotiating table to finalise an agreement that met the statutory requirements.

Australian Submarine Agency

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established