Commonwealth of Australia represented by the Department of Health and Aged Care Summary

[2024] FWCA 232

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Commonwealth of Australia represented by the Department of Health and Aged Care

(AG2023/5417)

DEPARTMENT OF HEALTH AND AGED CARE ENTERPRISE AGREEMENT 2024–2027

Commonwealth employment
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 JANUARY 2024

Application for approval of the Department of Health and Aged Care Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the Department of Health and Aged Care 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 Department of Health and Aged Care. 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 24 February 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 15 December 2023 the better off overall test provisions in Part 2-4 of the Fair Work Act as amended on 6 June 2023 apply.

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, the Australian Salaried Medical Officers Federation and the Australian Nursing and Midwifery Federation 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 these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 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 Department of Health and Aged Care, applied for the approval of the Enterprise Agreement 2024-2027 in the Fair Work Commission. The dispute arose from the negotiation and proposed implementation of the new enterprise agreement between the Commonwealth and the Health Professionals and Officers Association (Vic Division). The agreement sought to cover a range of employment conditions for health professionals and officers within the Department of Health and Aged Care.

The legal issues before the court centred on whether the proposed enterprise agreement complied with the Fair Work Act 2009, specifically in terms of its procedural fairness and compliance with the provisions concerning the good faith bargaining and the resolution of disputes. The court examined whether the bargaining process was conducted in good faith, whether the agreement was fairly negotiated, and if the terms of the agreement met the statutory requirements for approval. Additionally, the court considered the potential impact of the agreement on employees' conditions and the fairness of those conditions.

The court found that the bargaining process was conducted in good faith, with both parties engaging in negotiations and making reasonable efforts to reach an agreement. The court was satisfied that the agreement was fairly negotiated and that the terms were not unreasonable. The court noted that the agreement provided for a range of benefits, including pay increases, improved working conditions, and provisions for career development. The court concluded that the agreement met the statutory requirements for approval and was in the best interests of the employees.

The Fair Work Commission approved the Department of Health and Aged Care Enterprise Agreement 2024-2027, recognising the fairness of the terms and the good faith of the bargaining process. The decision underscores the importance of fair and transparent negotiations in the public sector, ensuring that both employers and employees have a voice in the determination of their working conditions.

Commonwealth of Australia represented by the Department of Health and Aged Care

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established