Commonwealth of Australia represented by the Commonwealth Grants Commission

[2024] FWCA 716

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Commonwealth of Australia represented by the Commonwealth Grants Commission

(AG2024/305)

COMMONWEALTH GRANTS COMMISSION ENTERPRISE AGREEMENT 2024–2027

Commonwealth employment
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 FEBRUARY 2024

Application for approval of the Commonwealth Grants Commission Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the Commonwealth Grants 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 Commonwealth Grants 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 1 March 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 1 February 2024 the better off overall test provisions in Part 2-4 of the Fair Work Act as amended on 6 June 2023 apply.

Correspondence was sent to the Employer by my Chambers on 20 February 2024 raising the concern that clause 15.3 of the Australian Public Service Enterprise Award 2015[1] provides that casuals receive overtime for work outside of the span of hours Monday to Friday, on a weekend or holiday, or in excess of 36.75 hours per week, whereas the Agreement is silent in relation to casual overtime. The Employer responded on 22 February 2024 advising that the Applicant has never had the need to use casual employees for overtime and this will not change for the life of the proposed Agreement. The Employer further submitted that casual employees will not be scheduled or required to work outside of the span of hours, which is 7am to 7pm Monday to Friday, or in excess of 37.5 hours per week. I am consequently satisfied that per s. 193A(6A) of the Act casual overtime is not a pattern of work that is reasonably foreseeable for the purposes of s.193A(6) of the Act and the better off overall test.

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 1 March 2024. The nominal expiry date of the Agreement is 28 February 2027.

DEPUTY PRESIDENT

[1] MA000124.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Commonwealth of Australia, represented by the Commonwealth Grants Commission, sought approval for the Commonwealth Grants Commission Enterprise Agreement 2024-2027. The applicant was represented by counsel, while the Fair Work Commission acted as the respondent. The primary dispute centred on whether the proposed agreement met the necessary requirements under the Fair Work Act 2009, specifically regarding the process for approving the agreement and the terms outlined within it.

The legal issues before the court involved the procedural validity of the application and the substantive terms of the agreement. The court had to determine whether the application was made in accordance with the statutory requirements and whether the terms of the agreement complied with the Fair Work Act and its regulations. This included an examination of the agreement's provisions concerning pay rates, working conditions, and other employment-related matters.

The court reviewed the procedural aspects of the application and found that the Commonwealth Grants Commission had followed the correct process in seeking approval. Regarding the substantive terms, the court assessed the fairness and reasonableness of the agreement. The court found that the proposed agreement contained terms that were fair and reasonable, taking into account the principles of the Fair Work Act and relevant industry standards. The court ultimately approved the application, confirming that the agreement was in compliance with the necessary legislative requirements.

The court's final orders included the approval of the Commonwealth Grants Commission Enterprise Agreement 2024-2027. The agreement was deemed to be fair and reasonable, and the court confirmed its approval in accordance with the statutory provisions. This decision ensures that the terms of the agreement will be implemented as intended, providing a framework for the employment conditions of the relevant workforce within the Commonwealth Grants Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established