Commonwealth of Australia represented by the Commonwealth Grants Commission
[2024] FWCA 716
•23 FEBRUARY 2024
| [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.
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