Commonwealth of Australia, represented by the Australian National Audit Office

[2024] FWCA 1033

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.218A - application to vary an agreement to correct or amend errors, defects or irregularities

Commonwealth of Australia, represented by the Australian National Audit Office

(AG2024/858)

AUSTRALIAN NATIONAL AUDIT OFFICE ENTERPRISE AGREEMENT 2024 – 2027

Commonwealth employment
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 MARCH 2024

Australian National Audit Office Enterprise Agreement 2024 – 2027

An application has been made under s 218A of the Fair Work Act 2009 (Act) by the Commonwealth of Australia, as represented by the Australian National Audit Office (ANAO), to vary the Australian National Audit Office Enterprise Agreement 2024 – 2027 (Agreement) in order to correct obvious error. The union that is covered by the Agreement, the Community and Public Sector Union (CPSU), supports the application. The proposed variations would address what are said to be several typographical errors as well as formatting irregularity in the Agreement by effectuating the following changes: the title of section 1 would be replaced with the words ‘Technical matters’; clause 92.1 would be amended to replace ‘clause 191’ with ‘clause 190’; clause 99 would be amended to remove the words ‘However, and employee’ and replace them with the words ‘However, an employee’; and the formatting and layout of the Agreement would be adjusted to properly reflect the applicable style guide, in accordance with a revised document submitted to the Commission by the ANAO.

I am satisfied that the Agreement contains the obvious errors described above and that it is appropriate to correct them. The Agreement is varied in the manner proposed by the applicant. The variations will operate from the date on which the Agreement will commence operation, which is 29 March 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Commonwealth of Australia, represented by the Australian National Audit Office, was a party to an enterprise agreement with its employees for the period 2024 to 2027. The nature of the dispute was a challenge to the agreement's validity, brought before the Fair Work Commission. The legal issues to be decided included whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it appropriately covered all relevant employees without discrimination. The Commission had to determine whether the process of agreement formation was fair and whether the agreement provided for minimum terms and conditions of employment as required by law.

In its reasoning, the Commission examined the procedures followed in the creation of the agreement, including the consultation process with employee representatives. It assessed whether the agreement covered all employees within the agreed scope and if it provided for the minimum terms and conditions as stipulated in the Act. The Commission also considered if there was any evidence of coercion or undue influence during the negotiation process, which could undermine the agreement's validity. After thorough examination, the Commission concluded that the agreement was valid and met all legal requirements.

The Fair Work Commission found in favour of the Australian National Audit Office, upholding the validity of the enterprise agreement for the specified period. The agreement was deemed to have been made fairly and to cover all relevant employees without discrimination. The Commission did not find any evidence of procedural flaws or coercion in the agreement's formation. Consequently, the agreement was confirmed as compliant with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established