Commonwealth of Australia, represented by the Bureau of Meteorology T/A Bureau of Meteorology Summary

[2024] FWCA 1020

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Commonwealth of Australia, represented by the Bureau of Meteorology T/A Bureau of Meteorology

(AG2024/590)

BUREAU OF METEOROLOGY ENTERPRISE AGREEMENT 2024

Commonwealth employment
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 MARCH 2024

Application for approval of the Bureau of Meteorology Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Bureau of Meteorology 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 Bureau of Meteorology T/A Bureau of Meteorology. 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, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 15 February 2023 and the Agreement was made on 26 February 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 APESMA, CPSU and CEPU being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 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 Bureau of Meteorology, sought approval for the Bureau of Meteorology Enterprise Agreement 2024. The dispute arose from the need to finalise the agreement which governs the terms and conditions of employment for the bureau's employees. The matter was heard in the Fair Work Commission. The central legal issues before the Commission were whether the proposed agreement complied with the Fair Work Act 2009 and whether it met the requirements for approval under the legislation. Specifically, the Commission needed to consider if the agreement provided for fair and reasonable terms and conditions of employment and if it included necessary provisions for minimum entitlements and dispute resolution.

In delivering its decision, the Commission noted that the agreement contained provisions that were consistent with the relevant legislative framework. The agreement was found to provide for minimum rates of pay, leave entitlements, and other conditions that were fair and reasonable. The Commission also considered the process through which the agreement was negotiated and the submissions from relevant parties, including the Bureau of Meteorology and employee representatives. The Commission was satisfied that the agreement was fair and reasonable, and it met the necessary criteria for approval. Therefore, the application for approval was successful.

Consequently, the Fair Work Commission approved the Bureau of Meteorology Enterprise Agreement 2024, effective from the date of the decision. The agreement now governs the employment terms and conditions of the bureau's employees as per the approved terms, ensuring that all provisions comply with the Fair Work Act 2009.

Commonwealth of Australia, represented by the Bureau of Meteorology T/A Bureau of Meteorology

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established