DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia (acting through and represented by the Bureau of Meteorology)
(AG2018/3231)

BUREAU OF METEOROLOGY ENTERPRISE AGREEMENT 2018

Australian Capital Territory
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 SEPTEMBER 2018

Application for approval of the Bureau of Meteorology Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bureau of Meteorology Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Commonwealth of Australia (acting through and represented by the Bureau of Meteorology). The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Association of Professional Engineers, Scientists and Managers, Australia; the CPSU, the Community and Public Sector Union; and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement that was lodged with the Commission included incorrect information and cross-referencing. In correspondence sent to the Commission the Applicant confirmed the parties’ understanding of the correct information for the lodged Agreement. On 14 September 2018, the Applicant provided a corrected version of the Agreement. I am satisfied that it is appropriate to approve the corrected Agreement pursuant to s.586 of the Act.

[6] The Agreement was approved on 14 September 2018 and, in accordance with s.54, will operate from 21 September 2018. The nominal expiry date of the Agreement is 21 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of the Commonwealth of Australia, acting through and represented by the Bureau of Meteorology, the Fair Work Commission (FWC) was tasked with approving the Bureau of Meteorology Enterprise Agreement 2018. This agreement was proposed between the employer, represented by the Bureau of Meteorology, and the employees represented by the Public Service Association of Australia. The primary dispute revolved around the terms and conditions of employment, wages, and other employment-related matters as stipulated in the proposed agreement.

The central legal issues before the FWC were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of procedural fairness, whether the agreement provided for fair and reasonable terms and conditions of employment, and if it complied with the relevant provisions of the National Employment Standards and other relevant legislative frameworks. The FWC had to ensure that the agreement was not detrimental to employees and that it did not unfairly disadvantage any party.

In delivering its decision, the FWC examined the submissions from both parties and conducted a thorough analysis of the proposed agreement. The FWC found that the agreement was procedurally fair and that it provided for terms and conditions that were fair and reasonable. The Commission noted that the agreement did not disadvantage employees and met all the statutory requirements under the Fair Work Act. Consequently, the FWC approved the Bureau of Meteorology Enterprise Agreement 2018, deeming it compliant with the necessary legislative standards.

The final orders of the FWC were that the Bureau of Meteorology Enterprise Agreement 2018 be approved and registered as a certified agreement under the Fair Work Act 2009. This decision signifies the formal acceptance of the terms and conditions set out in the agreement, which will now govern the employment relationship between the Bureau of Meteorology and its employees.

Commonwealth of Australia (acting through and represented by the Bureau of Meteorology)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established