Commonwealth of Australia represented by the Australian Trade and Investment Commission T/A Austrade

[2024] FWCA 767

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Commonwealth of Australia represented by the Australian Trade and Investment Commission T/A Austrade

(AG2024/416)

APPLICATION FOR APPROVAL OF THE AUSTRADE ENTERPRISE AGREEMENT 2024

Commonwealth employment
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 FEBRUARY 2024

Application for approval of the Austrade Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Austrade Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Commonwealth of Australia represented by the Australian Trade and Investment Commission T/A Austrade. 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 27 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 13 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 6 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

In the Fair Work Commission, the Commonwealth of Australia, represented by the Australian Trade and Investment Commission trading as Austrade, applied for approval of the Austrade Enterprise Agreement 2024. The agreement was entered into by Austrade and the Public Service Association (PSA) and pertains to the employment conditions of certain employees of Austrade. The PSA challenged the application on the grounds that the agreement did not meet the requirements of the Fair Work Act 2009.

The central legal issue was whether the Austrade Enterprise Agreement 2024 complied with the statutory criteria for approval, including whether it was made in good faith and whether it provided for terms and conditions that were fair and reasonable. The PSA argued that the agreement failed to adequately address several issues, including the classification of employees, the calculation of allowances, and the provision of benefits.

The Commission found that the agreement was made in good faith and was fair and reasonable, despite some concerns raised by the PSA. The Commission considered that the agreement provided for appropriate classification of employees, and that the provisions for allowances and benefits were fair and reasonable. The Commission determined that the agreement met the statutory criteria for approval, and thus granted the application for approval of the agreement. The agreement will now be registered and will apply to the employees covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established