Commonwealth Of Australia Represented By The Asbestos And Silica Safety And Eradication Agency

[2024] FWCA 1170

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Commonwealth Of Australia Represented By The Asbestos And Silica Safety And Eradication Agency

(AG2024/865)

ASBESTOS AND SILICA SAFETY AND ERADICATION AGENCY (ASSEA) ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 APRIL 2024

Application for approval of the Asbestos and Silica Safety and Eradication Agency (ASSEA) Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Asbestos and Silica Safety and Eradication Agency (ASSEA) 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 (represented by the Asbestos And Silica Safety And Eradication Agency). 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 28 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 Community and Public Sector Union (CPSU), 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 10 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 Asbestos and Silica Safety and Eradication Agency (ASSEA), sought approval for the ASSEA Enterprise Agreement 2024-2027. The dispute was heard by the Fair Work Commission (FWC). The application for approval of the agreement was necessary to ensure that the terms and conditions of employment for employees of ASSEA were fair and met the statutory requirements under the Fair Work Act 2009.

The primary legal issue the FWC needed to decide was whether the proposed agreement complied with the relevant provisions of the Fair Work Act. This included assessing if the agreement met the criteria for being a "registered agreement," such as ensuring it did not allow for terms and conditions that were less favourable than the applicable award or safety net. The FWC also needed to consider if the agreement had been negotiated in good faith and whether it contained provisions that were contrary to public policy.

The FWC determined that the proposed agreement was fair and met all necessary statutory requirements. The agreement was found to be negotiated in good faith, with provisions that were consistent with the objectives of the Fair Work Act. The FWC concluded that the agreement did not contain any terms that were less favourable than the safety net and did not contravene public policy. As a result, the FWC approved the agreement, finding it to be a registered agreement under the Act.

The FWC's decision resulted in the approval of the ASSEA Enterprise Agreement 2024-2027, which would now be applicable to the employees of ASSEA. The agreement provided a clear framework for the terms and conditions of employment, ensuring that both the agency and its employees were protected under the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established