Commonwealth Of Australia As Represented By The Royal Australian Mint Summary

[2024] FWCA 1146

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Commonwealth Of Australia As Represented By The Royal Australian Mint

(AG2024/759)

ROYAL AUSTRALIAN MINT ENTERPRISE AGREEMENT 2024 – 2027

Commonwealth employment
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 APRIL 2024

Application for approval of the Royal Australian Mint Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the Royal Australian Mint 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 Commonwealth of Australia (Royal Australian Mint). 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, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 27 February 2023 and the Agreement was made on 8 March 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Community and Public Sector Union (CPSU), and the Association of Professional Engineers, Scientists and Managers, Australia (APESMA), 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 the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 2024. The nominal expiry date of the Agreement is 27 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Commonwealth of Australia, represented by the Royal Australian Mint, applied to the Fair Work Commission for approval of the Royal Australian Mint Enterprise Agreement 2024 – 2027. The matter was heard by Commissioner Williams, who was tasked with determining whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commissioner were whether the agreement provided for the fair and reasonable terms and conditions of employment and whether it complied with the good faith bargaining requirements stipulated in the Act. Commissioner Williams carefully examined the submissions from both parties and the evidence presented to ensure that the agreement was free from any unlawful provisions and adequately reflected the terms of employment that were fair and reasonable.

Upon review, Commissioner Williams found that the proposed agreement satisfied the necessary criteria. The Commissioner was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that the bargaining process had been conducted in good faith. Accordingly, the Commissioner approved the Royal Australian Mint Enterprise Agreement 2024 – 2027, recognising it as a legally binding enterprise agreement.

The final orders of the Commission were that the Royal Australian Mint Enterprise Agreement 2024 – 2027 be approved as a registered agreement under the Fair Work Act 2009. This decision provides certainty to the parties involved and establishes the terms and conditions of employment for the duration of the agreement.

Commonwealth Of Australia As Represented By The Royal Australian Mint

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established