Commonwealth Of Australia Represented By The Department Of Defence T/A Department Of Defence

[2024] FWCA 1015

[2024] FWCA 1015

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Commonwealth Of Australia Represented By The Department Of Defence T/A Department Of Defence

(AG2024/531)

DEFENCE ENTERPRISE COLLECTIVE AGREEMENT 2024

Commonwealth employment
COMMISSIONER PLATT	ADELAIDE, 22 MARCH 2024

Application for approval of the Defence Enterprise Collective Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Defence Enterprise Collective Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Commonwealth Of Australia Represented By The Department Of Defence T/A Department Of Defence (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 7 March 2024.

1. On 8 March 2024, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

1. The Agreement contains a number of changes which when considered in isolation, are less advantageous than the Award. These include increased ordinary hours, an expanded spread of hours and some penalty rates. I note that the Agreement also confers benefits of universal application including paid leave between Christmas and New Year and increased Superannuation Contributions.  I have not considered additional benefits which were conditional in their application and/or difficult to quantify in monetary terms.  I find that the universal improvements offset the disadvantages referred to. 

1. The Applicant has submitted an undertaking in the required form dated 22 March 2024, a copy of which is attached to this Agreement. The undertaking deals with the following topics:

·  Cadet APS employees will be paid no less than the minimum rate of pay in the Australian Public Service Enterprise Award 2015 whilst in practical training or during periods of full-time study.

·  Higher duties allowance will be paid to APS1-APS6 employees after half a day and EL1 employees (or above) after one week, where they occupy a role at a classification level higher than their substantive classification level consistent with the Australian Public Service Enterprise Award 2015.

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers’ Union, the Australian Nursing and Midwifery Federation, the Association of Professional Engineers, Scientists and Managers Australia, the Civil Air Operations Officers' Association of Australia and the Community and Public Sector Union 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) of the Act I note that the Agreement covers these organisations.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 28 February 2027.

COMMISSIONER

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