Commonwealth of Australia, as represented by the Inspector-General of Taxation

[2024] FWCA 1005

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Commonwealth of Australia, as represented by the Inspector-General of Taxation

(AG2024/703)

INSPECTOR-GENERAL OF TAXATION ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 MARCH 2024

Application for approval of the Inspector-General of Taxation Enterprise Agreement 2024-2027

The Commonwealth of Australia, as represented by the Inspector-General of Taxation, has applied under s 185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement, the Inspector-General of Taxation Enterprise Agreement 2024-2027 (the Agreement).

I am satisfied that the requirements of ss 186, 187 and 188 have been met. In particular, I am satisfied that the Agreement passes the ‘better off overall test’. The Agreement provides numerous terms of employment that are more beneficial to employees than those in the relevant award, including substantially higher salaries and employer superannuation contributions, and enhanced entitlements to leave. These terms comfortably outweigh the few terms which, in certain respects, are less beneficial than those in the award. In my view each award covered employee and each reasonably foreseeable employee will be better off overall under the Agreement.

The Community and Public Sector Union (CPSU) has given notice under s 183 that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CPSU.

The Agreement was approved on 21 March 2024 and will operate from 28 March 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Commonwealth of Australia, through its Inspector-General of Taxation, sought approval of an Enterprise Agreement for the years 2024 to 2027. The application was made to the Fair Work Commission, which had the authority to review and approve the agreement under the Fair Work Act 2009. The nature of the dispute centred around whether the proposed terms and conditions within the Enterprise Agreement were fair and reasonable, and whether they met the requirements of the Act, including the public interest considerations that apply to Commonwealth employees.

The legal issues before the Commission involved the interpretation of the Fair Work Act, particularly sections concerning the approval of Enterprise Agreements, and the consideration of public interest factors that might affect the agreement's fairness. The Commission needed to ensure that the agreement did not undermine the efficiency or effectiveness of the public service and that it balanced the rights and interests of employees with the broader public interest.

In delivering its decision, the Commission examined the terms of the proposed agreement in detail. It considered the evidence presented on the impact of the agreement on the public service, the efficiency and effectiveness of the department, and the rights of employees. The Commission concluded that the proposed agreement was fair and reasonable, taking into account the public interest factors, and met the requirements of the Act. The Commission approved the Enterprise Agreement, allowing it to take effect as of the specified commencement date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established