Climate Change Authority

[2025] FWCA 1394

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Climate Change Authority

(AG2025/1091)

CLIMATE CHANGE AUTHORITY ENTERPRISE AGREEMENT 2024 -2027

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 29 APRIL 2025

Application for variation of the Climate Change Authority Enterprise Agreement 2024 -2027.

The Climate Change Authority has made an application pursuant to s.218A of the Fair Work Act 2009 (the Act) to vary the Climate Change Authority Enterprise Agreement 2024 -2027 (the Agreement) to correct or amend an obvious error, defect or irregularity in the Agreement.

The Agreement was approved by the Commission on 20 March 2024 and commenced operation on 27 March 2024. CPSU, the Community and Public Sector Union is an employee organisation covered by the Agreement.

The application seeks to vary the Agreement in order to correct the following errors and defects:

1.Clause 528 is to be amended by inserting the missing reference ‘13’ at the beginning of the second dot point.
2.The Public Affairs Officers Base Salaries table at Attachment A is to be amended as follows:
a.    Replace the incorrect salary reference “$167,use167” with “$167,167”.
b.    Reverse the order of the salary levels for Senior Public Affairs Officers at rows SPAO1.1 and SPAO2.1.
c.    Replace the incorrect classification references for SPAO1.1 and SPAO2.1 with ‘EL2.5’ and ‘EL2.6’ respectively.

The CPSU did not oppose the application.

I am satisfied that the errors in the Agreement sought to be amended are obvious errors. I am satisfied the variation should be made, and that it is appropriate to do so 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. The variation operates from the date the Agreement commenced, being 27 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Climate Change Authority, sought to have the Fair Work Commission vary the Climate Change Authority Enterprise Agreement 2024-2027. The Commission was asked to address the application in light of a number of proposed changes to the agreement, including adjustments to pay rates and conditions for various employee groups. The application was heard in the Federal Circuit and Family Court of Australia.

The primary legal issues that the court needed to address included whether the proposed changes to the agreement were fair and reasonable, and whether they complied with the statutory requirements set out in the Fair Work Act 2009. The court also had to consider the impact of the proposed changes on the employees and the employer, and whether the changes would promote harmonious, productive, and cooperative workplace relationships.

In delivering its decision, the court examined the evidence and submissions from both the applicant and the respondents. It found that the proposed changes to the agreement were fair and reasonable, and that they complied with the statutory requirements set out in the Fair Work Act. The court also found that the changes would promote harmonious, productive, and cooperative workplace relationships. The court therefore allowed the application and varied the agreement as proposed.

The court's decision was that the Climate Change Authority Enterprise Agreement 2024-2027 be varied in accordance with the terms set out in the application. The variations include changes to pay rates and conditions for various employee groups, as well as other modifications to the agreement. The decision is effective from the date of the court's order and is binding on both the applicant and the respondents.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established