Commonwealth of Australia represented by Department of Employment and Workplace Relations Summary

[2024] FWCA 1277

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Commonwealth of Australia represented by Department of Employment and Workplace Relations

(AG2024/1018)

DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS ENTERPRISE AGREEMENT 2024-27

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 9 APRIL 2024

Application for approval of the Department of Employment and Workplace Relations Enterprise Agreement 2024-27.

An application has been made for approval of an enterprise agreement known as the Department of Employment and Workplace Relations Enterprise Agreement 2024-27 (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 represented by Department of Employment and Workplace Relations. The Agreement is a single enterprise agreement.

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.

CPSU, 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 16 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 Employment and Workplace Relations, applied to the Fair Work Commission for the approval of the Department of Employment and Workplace Relations Enterprise Agreement 2024-27. The application was made under section 234 of the Fair Work Act 2009. The application was opposed by the Australian Council of Trade Unions. The nature of the dispute centred on the fairness and appropriateness of various provisions within the proposed enterprise agreement, including pay rates, conditions of employment, and procedural aspects such as dispute resolution mechanisms.

The legal issues the court had to address included whether the proposed agreement met the "better off overall test" as stipulated by the Fair Work Act, and if it appropriately balanced the interests of employees and the employer. The court also needed to determine whether the agreement complied with the "good faith" requirement, and whether it provided for a fair and reasonable process for resolving disputes. Additionally, the court examined whether the agreement adequately addressed key employment standards and protected employee rights as required by law.

The Fair Work Commission, in its reasoning, considered the economic context, the fairness of the proposed terms, and the balance achieved between the employer's and employees' interests. The Commission concluded that the agreement met the better off overall test and was fair and reasonable, given the context of the employer's capacity to pay and the employees' need for improved conditions. The Commission also found that the agreement was made in good faith and included appropriate dispute resolution mechanisms. Accordingly, the Commission approved the application, finding that the agreement was fair and appropriate.

The final orders of the Commission were that the Department of Employment and Workplace Relations Enterprise Agreement 2024-27 be approved and registered under the Fair Work Act 2009. The agreement was to commence on the first day of the month following the registration date, and would apply to all employees covered by the agreement.

Commonwealth of Australia represented by Department of Employment and Workplace Relations

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established