Commonwealth of Australia as represented by Professional Services Review

[2024] FWCA 1301

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Commonwealth of Australia as represented by Professional Services Review

(AG2024/1051)

PROFESSIONAL SERVICES REVIEW ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 APRIL 2024

Application for approval of the Professional Services Review Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the Professional Services Review 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 the Commonwealth of Australia as represented by Professional Services Review. 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 8 December 2021, 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 20 March 2024 the better off overall test provisions in Part 2-4 of the Fair Work Act as amended on 6 June 2023 apply.

I am satisfied that each of the requirements of ss.186, 187 and 188 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 18 April 2024. The nominal expiry date of the Agreement is 28 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Commonwealth of Australia as represented by the Professional Services Review sought approval of the Professional Services Review Enterprise Agreement 2024-2027. The dispute involved the terms and conditions of employment for the professional services review staff within the Commonwealth. The Commission was required to assess whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the requirements set forth in the Fair Work Act, particularly sections concerning the protection of employees' rights, fairness, and the prevention of employer domination. Additionally, the Commission needed to determine if the agreement provided for appropriate mechanisms to resolve disputes and ensure the protection of vulnerable employees.

After reviewing the submitted agreement and the evidence provided by both parties, the Commission found that the agreement met the necessary criteria for approval. The Commission highlighted that the agreement provided for fair terms and conditions, appropriate dispute resolution mechanisms, and ensured the protection of employees' rights. The Commission also noted the commitment of both parties to maintaining a productive and harmonious workplace. Consequently, the Commission approved the Professional Services Review Enterprise Agreement 2024-2027.

The Fair Work Commission approved the Professional Services Review Enterprise Agreement 2024-2027, effective from the date of the decision. The Commission's decision is final and binding, and both parties are required to comply with the terms of the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established