Commonwealth of Australia represented by the Australian Public Service Commission

[2024] FWCA 740

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Commonwealth of Australia represented by the Australian Public Service Commission

(AG2024/333)

AUSTRALIAN PUBLIC SERVICE COMMISSION ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 FEBRUARY 2024

Application for approval of the Australian Public Service Commission Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the Australian Public Service Commission Enterprise Agreement 2024-2027 (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 Public Service 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 24 February 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 7 February 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 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 5 March 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 Commonwealth of Australia, represented by the Australian Public Service Commission, sought approval of the Australian Public Service Commission Enterprise Agreement 2024-2027. This agreement was intended to regulate employment terms and conditions for public service employees within the Commission. The matter was brought before the Fair Work Commission to determine if the agreement met the criteria for approval under the Fair Work Act 2009. The legal issues at hand involved whether the agreement was appropriately made, whether it contained minimum terms and conditions as required by law, and if the agreement satisfied the good faith bargaining requirement.

The Commission argued that the agreement was made in good faith, contained all necessary minimum terms and conditions, and was fair and reasonable. They submitted that the agreement was negotiated with the recognised union and reflected a balanced consideration of both parties' interests. The union supported the application, highlighting that the agreement provided fair and reasonable terms for employees, including provisions on pay, conditions of employment, and dispute resolution mechanisms. The Commission contended that the agreement met the statutory requirements for approval and should be registered to ensure legal certainty for both the employer and the employees.

The Fair Work Commission examined the evidence and submissions presented. It found that the agreement was appropriately made through good faith bargaining and contained all required minimum terms and conditions. The Commission concluded that the agreement was fair and reasonable and met the statutory criteria for approval. Therefore, the Fair Work Commission approved the Australian Public Service Commission Enterprise Agreement 2024-2027, and it was registered under the Fair Work Act 2009. This decision ensures that the employment terms and conditions for public service employees within the Commission are legally recognised and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established