Commonwealth of Australia represented by the Australian Law Reform Commission T/A Australian Law Reform Commission

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Law Reform Commission, represented by the Commonwealth of Australia, applied to the Fair Work Commission for the approval of the Australian Law Reform Commission Enterprise Agreement 2024. This application was made pursuant to section 231 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for certain employees of the Commission and whether these terms were fair and reasonable in accordance with the relevant legislative framework.

The primary legal issues before the Commission were whether the proposed agreement met the "better off overall test" and whether it contained all the required terms as stipulated under the Fair Work Act. The Commission also needed to determine if the agreement complied with the provisions concerning minimum rates of pay and other entitlements, as well as if the agreement was procedurally sound in its formation and presentation. The Commission examined the submissions from both the applicant and the objectors, including the views of the employees affected by the proposed agreement.

In its decision, the Fair Work Commission found that the proposed agreement did meet the better off overall test and contained all the necessary terms. The Commission concluded that the agreement provided fair and reasonable terms and conditions for the employees and did not disadvantage any employee. The Commission also found that the agreement complied with the statutory requirements concerning minimum rates of pay and other entitlements. The procedural fairness of the agreement was upheld, as the Commission was satisfied that the process of forming the agreement was conducted appropriately. Consequently, the application was approved, and the Australian Law Reform Commission Enterprise Agreement 2024 was registered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established