Commonwealth of Australia, represented by the Great Barrier Reef Marine Park Authority
[2024] FWCA 1083
•27 MARCH 2024
| [2024] FWCA 1083 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Commonwealth of Australia, represented by the Great Barrier Reef Marine Park Authority
(AG2024/823)
GREAT BARRIER REEF MARINE PARK AUTHORITY ENTERPRISE AGREEMENT 2024-2027
| Commonwealth employment | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 27 MARCH 2024 |
Application for approval of the Great Barrier Reef Marine Park Authority Enterprise Agreement 2024-2027
The Commonwealth of Australia, represented by the Great Barrier Reef Marine Park Authority (Authority), has applied under s 185 of the Fair Work Act 2009 (Act) for approval of an enterprise agreement, the Great Barrier Reef Marine Park Authority Enterprise Agreement 2024-2027 (the Agreement).
I am satisfied that the requirements of ss 186, 187 and 188 have been met. In particular, I am satisfied that the Agreement passes the ‘better off overall test’ (BOOT). The Agreement contains numerous terms that are more beneficial to employees than those in the relevant award, including substantially higher salaries and employer superannuation contributions, and enhanced entitlements to leave. These terms outweigh the few terms which, in certain respects, are less beneficial than those in the award. In my view each award covered employee and each reasonably foreseeable employee will be better off overall under the Agreement. I reach this conclusion having undertaken the global assessment required by s 193A(2), and having considered the views of the Authority and the Community and Public Sector Union (CPSU), which are that the Agreement passes the BOOT (see s 193A(3) and (4)).
The CPSU has given notice under s 183 that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CPSU. The Agreement was approved on 27 March 2024 and will operate from 3 April 2024.
DEPUTY PRESIDENT
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