Commonwealth of Australia, represented by the Great Barrier Reef Marine Park Authority

[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
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Commonwealth of Australia, represented by the Great Barrier Reef Marine Park Authority, seeking approval for the Great Barrier Reef Marine Park Authority Enterprise Agreement 2024-2027. The application was made to the Fair Work Commission, which was tasked with assessing whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute centred around whether the proposed terms and conditions of employment, as outlined in the agreement, were fair and reasonable.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act. This involved examining if the agreement provided for appropriate minimum terms and conditions, including rates of pay, leave entitlements, and other employment-related matters. The Commission had to consider if the agreement was consistent with the provisions of the Act, and whether it was consistent with the principles of the national workplace relations system. It also needed to ensure the agreement did not disadvantage employees in terms of pay and conditions.

The Commission determined that the agreement met the statutory requirements for approval. It found that the proposed terms and conditions were fair and reasonable, providing appropriate protections for employees while allowing the Authority to operate effectively. The Commission considered the agreement to be consistent with the national workplace relations system and did not identify any provisions that would disadvantage employees. As such, the Commission approved the application for the enterprise agreement to take effect.

The Fair Work Commission approved the Great Barrier Reef Marine Park Authority Enterprise Agreement 2024-2027, confirming that it met the necessary legal criteria for approval. The Commission found that the agreement provided fair and reasonable terms and conditions of employment, was consistent with the Fair Work Act, and did not disadvantage employees. The approval of the agreement ensures that the Authority can implement the agreed terms and conditions for its workforce, supporting its operational needs while safeguarding employee rights.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established