Cancer Australia T/A Cancer Australia Summary

[2024] FWCA 832

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cancer Australia T/A Cancer Australia

(AG2024/358)

APPLICATION FOR APPROVAL OF THE CANCER AUSTRALIA ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 MARCH 2024

Application for approval of the Cancer Australia Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Cancer Australia 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 Cancer Australia T/A Cancer Australia. 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 24 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 7 February 2024 the better off overall test provisions in Part 2-4 of the Fair Work Act as amended on 6 June 2023 apply.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Cancer Australia, trading as Cancer Australia, which sought approval of its Enterprise Agreement 2024-2027. The application was heard in the Fair Work Commission, Australia's industrial relations tribunal. The dispute centred on the terms and conditions of employment for employees under the proposed agreement and whether it met the legal standards for approval.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, and if it was consistent with the principles of the Fair Work Act 2009. Specifically, the Commission examined the provisions concerning wages, leave entitlements, penalty rates, and other employment conditions to ensure they met the statutory requirements for fairness and reasonableness.

The Fair Work Commission found that the proposed agreement complied with the relevant legislative framework. The Commission was satisfied that the terms and conditions provided for in the agreement were fair and reasonable, taking into account the economic and social context. The agreement was deemed to meet the criteria for approval, as it did not disadvantage the employees and provided a fair balance between the interests of the employer and the employees. The Commission approved the Cancer Australia Enterprise Agreement 2024-2027, effective from the date of the decision.

In its decision, the Commission made the Enterprise Agreement 2024-2027 effective, ensuring that it would govern the employment conditions of the relevant employees from the date of approval. The decision provided clarity and certainty for both Cancer Australia and its employees regarding their rights and obligations under the new agreement.

Cancer Australia T/A Cancer Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established