Commonwealth of Australia, represented by the Australian Taxation Office
[2024] FWCA 1008
•21 MARCH 2024
| [2024] FWCA 1008 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Commonwealth of Australia, represented by the Australian Taxation Office
(AG2024/702)
AUSTRALIAN TAXATION OFFICE (ATO) ENTERPRISE AGREEMENT 2024
| Commonwealth employment | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 21 MARCH 2024 |
Application for approval of the Australian Taxation Office (ATO) Enterprise Agreement 2024
The Commonwealth of Australia, as represented by the Australian Taxation Office (ATO), has applied under s 185 of the Fair Work Act 2009 (Act) for approval of an enterprise agreement, the Australian Taxation Office (ATO) Enterprise Agreement 2024 (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 ATO, the Community and Public Sector Union (CPSU) and the Australian Municipal, Administrative, Clerical and Services Union (ASU), which are that the Agreement passes the BOOT (see s 193A(3) and (4)).
The CPSU and the ASU have given notice under s 183 that they want the Agreement to cover them. As required by s 201(2), I note that the Agreement covers the CPSU and the ASU. The Agreement was approved on 21 March 2024 and will operate from 28 March 2024.
DEPUTY PRESIDENT
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