Commonwealth Of Australia Represented By The Australian Human Rights Commission T/A Australian Human Rights Commission Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Commonwealth of Australia, represented by the Australian Human Rights Commission, filed an application seeking approval of the Australian Human Rights Commission Enterprise Agreement 2024-2027. The matter was heard in the Fair Work Commission, the tribunal responsible for overseeing and approving enterprise agreements under the Fair Work Act 2009. The application aimed to establish the terms and conditions of employment for employees within the Australian Human Rights Commission, including aspects such as wages, hours of work, and other employment-related matters.

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.

Commonwealth Of Australia Represented By The Australian Human Rights Commission T/A Australian Human Rights Commission

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established