Commonwealth of Australia represented by the Australian Institute of Health and Welfare

[2024] FWCA 742

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Commonwealth of Australia represented by the Australian Institute of Health and Welfare

(AG2024/337)

AUSTRALIAN INSTITUTE OF HEALTH AND WELFARE ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 FEBRUARY 2024

Application for approval of the Australian Institute of Health and Welfare Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the Australian Institute of Health and Welfare 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 Institute of Health and Welfare. 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, 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 24 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 5 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.

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 5 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 Commonwealth of Australia, represented by the Australian Institute of Health and Welfare, sought approval for the Australian Institute of Health and Welfare Enterprise Agreement 2024-2027. The applicant's request was made pursuant to section 186 of the Public Sector Management Act 1994. The application was made before the Fair Work Commission, which exercised its discretion to approve the agreement under section 186(4) of the Act.

The primary legal issue for the Commission was whether the proposed agreement met the requirements of section 186 of the Act, which includes provisions for fair and reasonable terms for employees, the maintenance of industrial peace, and alignment with national objectives. The Commission considered the proposed terms, including wages, working conditions, and other employment-related matters, in light of the broader economic and social context. The Commission also evaluated the impact of the agreement on the ability of the Australian Institute of Health and Welfare to achieve its operational goals.

In its decision, the Commission found that the proposed agreement provided for fair and reasonable terms and conditions for employees, while also supporting the operational objectives of the Australian Institute of Health and Welfare. The Commission noted the alignment of the proposed terms with national objectives and the potential for the agreement to contribute to industrial peace. Consequently, the Commission exercised its discretion to approve the agreement, ensuring that it met the statutory criteria for approval under section 186 of the Public Sector Management Act 1994.

The Commission approved the Australian Institute of Health and Welfare Enterprise Agreement 2024-2027, effective from the date of the decision. The approval ensures that the agreement is binding on the parties and provides a stable framework for employment relations within the Australian Institute of Health and Welfare.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established