Commonwealth of Australia represented by the Australian Transaction Reports and Analysis Centre (AUSTRAC) Summary

[2024] FWCA 1115

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Commonwealth of Australia represented by the Australian Transaction Reports and Analysis Centre (AUSTRAC)

(AG2024/834)

AUSTRAC ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 28 MARCH 2024

Application for approval of the AUSTRAC Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the AUSTRAC 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 Commonwealth of Australia represented by the Australian Transaction Reports and Analysis Centre (AUSTRAC). The Agreement is a single enterprise agreement.

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.

CPSU, 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 4 April 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 Transaction Reports and Analysis Centre (AUSTRAC), applied for approval of the AUSTRAC Enterprise Agreement 2024-2027. The dispute centred on the terms and conditions of employment for AUSTRAC employees as outlined in the proposed agreement, and the application sought the Commission's endorsement of these terms. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it was in the best interests of the employees.

The primary legal issues before the Commission were whether the agreement was a "good faith" bargain, if it provided for minimum entitlements as stipulated by the Act, and if it complied with other legislative requirements. The Commission also had to consider if the agreement was procedurally sound, ensuring fair representation and adequate consultation with the employees. Given the nature of the dispute and the need for statutory compliance, the Commission's decision was pivotal in establishing the terms of employment for the period specified.

After thorough examination of the evidence and submissions from both AUSTRAC and the employees, the Commission found that the agreement was a genuine attempt at a good faith negotiation. It satisfied the statutory minimum entitlements and adhered to procedural fairness. The Commission concluded that the agreement was in the best interests of the employees and approved it. The decision was made in the belief that the terms would provide stability and clarity for the employees over the specified period.

Commonwealth of Australia represented by the Australian Transaction Reports and Analysis Centre (AUSTRAC)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established