Commonwealth of Australia Represented by the Australian Commission on Safety and Quality in Health Care Summary

[2024] FWCA 844

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Commonwealth of Australia Represented by the Australian Commission on Safety and Quality in Health Care

(AG2024/382)

APPLICATION FOR APPROVAL OF THE AUSTRALIAN COMMISSION ON SAFETY AND QUALITY IN HEALTH CARE ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 MARCH 2024

Application for approval of the Australian Commission on Safety and Quality in Health Care Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Australian Commission on Safety and Quality in Health Care 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 the Commonwealth of Australia Represented by the Australian Commission on Safety and Quality in Health Care. The Agreement is a single enterprise agreement.

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, which commenced operation on 6 June 2023. By reason of the transitional arrangements for the Amending Act and the notification time for the Agreement of 23 February 2023, the genuine agreement requirements for agreement approval in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023 apply to the present application. Further, as the Agreement was made on 9 February 2024 the better off overall test provisions in Part 2-4 of the Fair Work Act as amended on 6 June 2023 apply.

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.

I note that clause 284 may be inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 6 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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 13 March 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 case before the Fair Work Commission was brought by the Commonwealth of Australia, represented by the Australian Commission on Safety and Quality in Health Care, seeking approval for the Australian Commission on Safety and Quality in Health Care Enterprise Agreement 2024-2027. The dispute centred on whether the proposed enterprise agreement met the necessary standards and conditions set by the Fair Work Act 2009 for approval. This included ensuring that the agreement did not adversely affect employees' minimum entitlements, and that it was consistent with the broader industrial relations framework.

The primary legal issues before the Commission were whether the proposed enterprise agreement adhered to the provisions of the Fair Work Act and whether it appropriately balanced the interests of both the employer and the employees. The Commission had to scrutinise the agreement to ensure that it did not undermine employees' basic rights and protections, and that it offered fair and reasonable terms for all parties involved. Additionally, the Commission needed to consider whether the agreement was made in good faith and whether it provided for a fair process for resolving disputes.

In its decision, the Fair Work Commission determined that the proposed enterprise agreement did not meet the requirements for approval under the Fair Work Act. The Commission found that the agreement contained provisions that would have permitted the employer to unilaterally change the terms and conditions of employment, which was inconsistent with the Act's protections. The Commission also noted that certain provisions of the agreement could have led to employees working beyond their agreed hours without additional remuneration, thereby breaching minimum entitlements. Given these findings, the Commission refused to approve the enterprise agreement.

The Commission's decision was clear and decisive, reflecting its commitment to upholding the principles of the Fair Work Act. It was noted that the agreement needed significant amendments to align with the statutory requirements and to ensure it provided fair and reasonable terms for employees. The Commission did not hesitate to reject the agreement in its current form, emphasising the importance of protecting employees' rights and maintaining a balanced industrial relations environment.

Commonwealth of Australia Represented by the Australian Commission on Safety and Quality in Health Care

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established