| [2024] FWCA 1174 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Commonwealth Of Australia Represented By The Australian Human Rights Commission T/A Australian Human Rights Commission
(AG2024/917)
AUSTRALIAN HUMAN RIGHTS COMMISSION ENTERPRISE AGREEMENT 2024-2027
| Commonwealth employment | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 3 APRIL 2024 |
Application for approval of the Australian Human Rights Commission Enterprise Agreement 2024-2027
An application has been made for approval of an enterprise agreement known as the Australian Human Rights Commission 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 Australian Human Rights Commission). 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 15 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
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- AGLC
- Commonwealth Of Australia Represented By The Australian Human Rights Commission T/A Australian Human Rights Commission [2024] FWCA 1174
- Case
- [2024] FWCA 1174
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the proposed agreement met the requirements set forth in the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, and if it complied with the relevant provisions of the Act, including those related to minimum wage rates, maximum weekly hours, and other employee entitlements. The Commission also had to assess if the agreement had been fairly and genuinely negotiated and if it included provisions for the protection of vulnerable employees.
In reaching its decision, the Fair Work Commission considered the evidence provided by both the Australian Human Rights Commission and the employees' representatives. The Commission found that the proposed agreement was fair and reasonable, providing adequate protections for the employees while also balancing the needs of the employer. The Commission also determined that the agreement had been genuinely negotiated and included appropriate safeguards for vulnerable employees. As a result, the Fair Work Commission approved the Australian Human Rights Commission Enterprise Agreement 2024-2027, bringing the terms and conditions of employment into effect for the specified period.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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