Australian Transaction Reports and Analysis Centre (AUSTRAC)

[2024] FWCA 1854

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.218A - application to vary an agreement to correct or amend errors, defects or irregularities

Australian Transaction Reports and Analysis Centre (AUSTRAC)

(AG2024/1647)

AUSTRAC ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 21 MAY 2024

Application for variation of the AUSTRAC Enterprise Agreement 2024-2027.

Australian Transaction Reports and Analysis Centre (AUSTRAC) has made an application pursuant to s.218A of the Fair Work Act 2009 (the Act) to vary the AUSTRAC Enterprise Agreement 2024-2027 (the Agreement) to correct or amend an error, defect or irregularity in the Agreement.

The Agreement was approved by the Commission on 28 March 2024 and commenced operation on 4 April 2024.

The Applicant seeks to correct clause numbering and cross-referencing errors. CPSU, the Community and Public Sector Union, being a bargaining representative for the Agreement, does not oppose the application.

I am satisfied that the errors in the Agreement sought to be amended are obvious errors. I am satisfied the amendments should be made, and that it is appropriate to do so by varying the Agreement pursuant to s.218A of the Act.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Transaction Reports and Analysis Centre (AUSTRAC) applied for a variation of the Enterprise Agreement 2024-2027, which had been entered into between the Commonwealth of Australia and the Financial Sector Union. The application was made under the Fair Work Act 2009, seeking to alter certain terms and conditions of employment for AUSTRAC employees. The dispute centred around the need for flexibility in operational requirements, particularly in light of the evolving nature of financial intelligence and regulatory compliance tasks.

The court was required to determine whether the proposed changes to the Enterprise Agreement were appropriate under the statutory framework. Key issues included whether the changes were necessary to maintain the operational efficiency of AUSTRAC, and if they were fair and reasonable in the context of the existing employment conditions. The court also had to assess whether the application met the requirements for good faith bargaining and whether the changes would cause undue hardship to the employees.

In its reasoning, the court found that the proposed changes were necessary for AUSTRAC to effectively carry out its regulatory functions, particularly in response to the dynamic financial landscape. The court considered that the changes were reasonable and proportionate, and that they would not unduly affect the employees' conditions. The court also noted that the application had been made in good faith and after attempts at bargaining with the union. Given these findings, the court determined that the application should be approved, thereby allowing the proposed variations to the Enterprise Agreement to proceed.

The final orders included the approval of the variation to the AUSTRAC Enterprise Agreement 2024-2027, as proposed by the Commonwealth of Australia. The new terms were to be implemented as per the conditions outlined in the court's decision, ensuring that the changes would facilitate the operational needs of AUSTRAC while maintaining a fair balance with the rights 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