Commonwealth of Australia represented by the Australian Law Reform Commission T/A Australian Law Reform Commission
[2024] FWCA 1404
•18 APRIL 2024
| [2024] FWCA 1404 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Commonwealth of Australia represented by the Australian Law Reform Commission T/A Australian Law Reform Commission
(AG2024/1047)
AUSTRALIAN LAW REFORM COMMISSION ENTERPRISE AGREEMENT 2024
| Commonwealth employment | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 18 APRIL 2024 |
Application for approval of the Australian Law Reform Commission Enterprise Agreement 2024.
An application has been made for approval of an enterprise agreement known as the Australian Law Reform Commission 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 the Commonwealth of Australia represented by the Australian Law Reform Commission T/A Australian Law Reform 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, 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 7 March 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 21 March 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 Applicant has raised that in Schedule 1 page 60 of the Agreement, the EL1.10/SLO10 pay point under the Senior Legal Officer classification was omitted. The Applicant submits that the omission of this pay point was an unintentional error and that the inclusion of it would be favourable to employees. The Applicant has sought that the Commission exercise its discretion pursuant to s.218A of the Act to amend an obvious error, defect or irregularity. Having considered the Applicant’s submissions and that the previous Agreement contained pay point EL1.10/SLO10, I am satisfied that the omission of the EL1.10/SLO10 pay point is an obvious error, defect or irregularity and I will amend the Agreement accordingly pursuant to s. 218A of the Act.
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 25 April 2024. The nominal expiry date of the Agreement is 28 February 2027.
DEPUTY PRESIDENT
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