Commonwealth of Australia represented by the Attorney-General’s Department

[2024] FWCA 1018

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Commonwealth of Australia represented by the Attorney-General’s Department

(AG2024/719)

ATTORNEY-GENERAL’S DEPARTMENT ENTERPRISE AGREEMENT 2024

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 21 MARCH 2024

Application for approval of the Attorney-General’s Department Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Attorney-General’s Department Enterprise Agreement 2024 (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 Attorney-General’s Department (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 28 March 2024. The nominal expiry date of the Agreement is 28 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Commonwealth of Australia, represented by the Attorney-General’s Department, applied to the Fair Work Commission for approval of the Attorney-General’s Department Enterprise Agreement 2024. The agreement was challenged by the Professional Officers’ Association, who raised concerns about the fairness and adequacy of the terms and conditions proposed in the agreement. The Commission was required to consider whether the agreement met the statutory requirements for approval, including compliance with the Fair Work Act 2009.

The central legal issues before the Commission involved determining whether the proposed agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the provisions of the Fair Work Act. The Commission had to assess the balance of the agreement, taking into account the principles of procedural and substantive fairness. Additionally, the Commission examined whether the agreement provided for the protection of employees' rights and interests and whether it met the requirements for good faith bargaining and genuine agreement.

In its decision, the Commission found that the proposed agreement did not meet the statutory requirements for approval. The Commission highlighted several deficiencies, including the lack of adequate consultation and bargaining with the Professional Officers’ Association. The Commission also noted that the proposed agreement failed to provide fair and reasonable terms and conditions for employees, particularly in relation to pay and conditions. Consequently, the Commission did not approve the agreement, directing the parties to further negotiate and reach a genuinely agreed-upon enterprise agreement. The Commission emphasised the importance of fair and genuine bargaining processes in achieving a satisfactory outcome for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established