Climate Change Authority

[2024] FWCA 996

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Climate Change Authority

(AG2024/484)

CLIMATE CHANGE AUTHORITY ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
COMMISSIONER PLATT	ADELAIDE, 20 MARCH 2024

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

An application has been made for approval of an enterprise agreement known as the Climate Change Authority Enterprise Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Climate Change Authority (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 5 March 2024.

On 6 March 2024, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

The Agreement contains a number of changes which when considered in isolation, are less advantageous than the Award. These include increased ordinary hours, an expanded spread of hours and some penalty rates. I note that the Agreement also confers benefits of universal application including paid leave between Christmas and New Year and increased Superannuation Contributions. I have not considered additional benefits which were conditional in their application and/or difficult to quantify in monetary terms. I find that the universal improvements offset the disadvantages referred to.

With respect to the remaining issues, the Applicant has submitted an undertaking in the required form dated 19 March 2024, a copy of which is attached to this Agreement. The undertaking deals with the following topics:

· Higher duties allowance will be paid to employees after half a day where they occupy a role at a classification level higher than their substantive classification level consistent with the Australian Public Service Enterprise Award 2015.

· The requirement to prescribe the agreed part time hours of working including the start and finish times so as to determine when overtime is payable has been inserted, consistent with the Australian Public Service Enterprise Award 2015.

A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

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) of the Act I note that the Agreement covers this organisation.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 28 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the Climate Change Authority sought approval for the Enterprise Agreement 2024-2027. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, particularly in terms of procedural fairness and the meeting of minimum pay and conditions. The Authority argued that the agreement was fairly negotiated and met all legislative requirements, while the opposition was based on concerns regarding the adequacy of employee representation and the fairness of the negotiation process.

The primary legal issues addressed by the Commission included whether the agreement was genuinely negotiated, whether the appropriate parties were involved, and whether the minimum standards were met. The Commission needed to determine if the Authority had demonstrated a proper process of negotiation and consultation and whether the agreement reflected a genuine effort to reach a consensus. Additionally, the Commission had to ensure that the agreement provided for fair and reasonable terms and conditions of employment, consistent with the statutory minimums.

Upon review, the Commission found that the negotiation process was thorough and involved appropriate employee representation, addressing concerns about procedural fairness. The Authority demonstrated that all necessary steps were taken to ensure genuine negotiation and consultation. The Commission also confirmed that the agreement met all minimum pay and condition requirements and did not unfairly disadvantage any employees. Given these findings, the Commission approved the Enterprise Agreement 2024-2027, confirming its compliance with the relevant legislation.

The final orders of the Commission were to approve the Climate Change Authority Enterprise Agreement 2024-2027, effective from the date of the decision. The Authority was directed to implement the terms of the agreement in accordance with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. This decision ensures that the agreement is legally binding and enforceable, providing clarity and certainty for both the Authority and its employees.

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Legal Principle Established