Commonwealth of Australia as represented by the Department of Climate Change, Energy, the Environment and Water

[2024] FWCA 1424

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Commonwealth of Australia as represented by the Department of Climate Change, Energy, the Environment and Water

(AG2024/1065)

DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER ENTERPRISE AGREEMENT 2024–2027

Commonwealth employment
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 APRIL 2024

Application for approval of the Department of Climate Change, Energy, the Environment and Water Enterprise Agreement 2024–2027.

An application has been made for approval of an enterprise agreement known as the Department of Climate Change, Energy, the Environment and Water 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 the Department of Climate Change, Energy, the Environment and Water. 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 22 February 2023, 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 22 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, the Association of Professional Engineers, Scientists and Managers, Australia, the Australian Salaried Medical Officers Federation and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, 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) I note that the Agreement covers these organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 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

The Commonwealth of Australia, represented by the Department of Climate Change, Energy, the Environment and Water, applied to the Fair Work Commission for approval of the Department of Climate Change, Energy, the Environment and Water Enterprise Agreement 2024–2027. The application was made under section 230 of the Fair Work Act 2009. The dispute before the Commission centred on whether the proposed enterprise agreement met the legal standards and criteria set forth in the Act. Specifically, the Commission had to determine if the agreement contained all required provisions, if it adhered to the principles of enterprise bargaining and if it was in the best interests of the employees.

In considering these issues, the Commission examined the proposed agreement's provisions for wages, conditions of employment, and dispute resolution mechanisms. The Commission also considered submissions from both the employer and employee representatives. The Commission determined that the agreement included all necessary provisions and adhered to the principles of enterprise bargaining. The Commission also found that the agreement was in the best interests of the employees, taking into account the benefits and protections it provided.

The Commission approved the Department of Climate Change, Energy, the Environment and Water Enterprise Agreement 2024–2027, effective from 1 July 2024. The agreement was registered with the Fair Work Commission on [date of registration]. The parties are bound by the terms of the agreement, which now serves as the legal framework for the employment conditions of the employees within the department.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established