Commonwealth of Australia, represented by the Australian National Audit Office

[2024] FWCA 1031

[2024] FWCA 1031

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Commonwealth of Australia, represented by the Australian National Audit Office

(AG2024/706)

AUSTRALIAN NATIONAL AUDIT OFFICE ENTERPRISE AGREEMENT 2024 – 2027

Commonwealth employment
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 MARCH 2024

Application for approval of the Australian National Audit Office Enterprise Agreement 2024 – 2027

1. The Commonwealth of Australia, as represented by the Australian National Audit Office (ANAO), has applied under s 185 of the Fair Work Act 2009 (Act) for approval of an enterprise agreement, the Australian National Audit Office Enterprise Agreement 2024 – 2027 (the Agreement).

1. I am satisfied that the requirements of ss 186, 187 and 188 have been met. In particular, I am satisfied that the Agreement passes the ‘better off overall test’ (BOOT). The Agreement contains numerous terms that are more beneficial to employees than those in the relevant award, including substantially higher salaries and employer superannuation contributions, and enhanced entitlements to leave. These terms comfortably outweigh the few terms which, in certain respects, are less beneficial than those in the award. In my view each award covered employee and each reasonably foreseeable employee will be better off overall under the Agreement. I reach this conclusion having undertaken the global assessment required by
   s 193A(2), and having considered the views of the ANAO and the Community and Public Sector Union (CPSU), which are that the Agreement passes the BOOT (see s 193A(3) and (4)).

1. The CPSU has given notice under s 183 that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CPSU. The Agreement was approved on 22 March 2024 and will operate from 29 March 2024.

DEPUTY PRESIDENT
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