Commonwealth Australia represented by Geoscience Australia

[2024] FWCA 815

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Commonwealth Australia represented by Geoscience Australia

(AG2024/409)

GEOSCIENCE AUSTRALIA ENTERPRISE AGREEMENT 2024 - 2027

Commonwealth employment
COMMISSIONER PLATT	ADELAIDE, 5 MARCH 2024

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

An application has been made for approval of an enterprise agreement known as the Geoscience Australia Enterprise Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Commonwealth Australia represented by Geoscience Australia (the Applicant). I note that the Application was originally made in the name of Charlie Middleton trading as Geoscience Australia however I exercised my powers under s.586 to correct the name of the Applicant to that detailed above. The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 28 February 2024.

On 29 February 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 Applicant has submitted an undertaking in the required form dated 1 March 2024, a copy of which is attached to Agreement. The undertaking ensures the BOOT is met with respect to Part Time and Casual engagement.

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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Association of Professional Engineers, Scientists and Managers Australia (Professionals Australia) and the Community and Public Sector Union (CPSU) 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) of the Act I note that the Agreement covers these organisations.

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

CaseChat Overview and Summary

Geoscience Australia, represented by the Commonwealth of Australia, recently appeared before the Fair Work Commission to seek approval for the Geoscience Australia Enterprise Agreement 2024-2027. This agreement outlines the terms and conditions of employment for certain employees within Geoscience Australia and has been subject to negotiation between the employer and the relevant employee representatives. The primary issue at hand was whether the proposed agreement met the legal criteria for approval, including whether it contained provisions that were contrary to the public interest or had adverse effects on the efficient and economic operation of the public service.

The Fair Work Commission was tasked with examining the agreement to determine if it complied with the relevant legislative requirements. Specifically, the Commission had to assess whether the agreement was in the best interests of the employees, if it was consistent with the public interest, and if it did not have any detrimental impact on the efficient and economic operation of the public service. The Commission also needed to consider if the agreement was consistent with the principles of enterprise bargaining and if it provided for a fair and reasonable process for the resolution of workplace disputes.

Upon reviewing the proposed agreement, the Fair Work Commission found that the agreement was in the best interests of the employees and did not pose any adverse effects on the efficient and economic operation of the public service. The Commission noted that the agreement provided for a fair and reasonable process for the resolution of workplace disputes and contained provisions that were consistent with the principles of enterprise bargaining. Therefore, the Commission approved the Geoscience Australia Enterprise Agreement 2024-2027, ensuring that it would take effect from the date of the Commission's decision. The approval of this agreement is crucial for maintaining fair and equitable terms and conditions of employment for the employees of Geoscience Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established