Commonwealth of Australia, represented by the Australian National Audit Office Summary

[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

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).

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)).

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
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian National Audit Office, acting on behalf of the Commonwealth of Australia, applied to the Fair Work Commission for the approval of the Australian National Audit Office Enterprise Agreement 2024 – 2027. This application arose due to negotiations between the ANAO and its employees' representative, the Community and Public Sector Union, which culminated in the proposed agreement. The Fair Work Commission was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the proper classification of employees, whether the proposed pay rates and conditions were fair and reasonable, and whether the agreement complied with the relevant provisions of the Fair Work Act and the National Workplace Relations Framework. Additionally, the Commission had to consider whether the agreement facilitated a productive workplace relationship and complied with any relevant public interest considerations.

In evaluating the application, the Fair Work Commission considered the economic and operational context of the ANAO, the comparative analysis of the proposed agreement with other public sector agreements, and the overall fairness and reasonableness of the terms proposed. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, was economically sustainable for the ANAO, and met the broader public interest considerations. The Commission concluded that the proposed agreement was in the best interests of the employees and the ANAO.

The Fair Work Commission approved the Australian National Audit Office Enterprise Agreement 2024 – 2027, effective from the first day of March 2024. This approval ensures that the agreement will govern the employment terms and conditions of ANAO employees for the specified period, providing certainty and stability to both the employees and the organisation.

Commonwealth of Australia, represented by the Australian National Audit Office

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established