Commonwealth Of Australia Represented By The National Indigenous Australians Agency
[2024] FWCA 979
•19 MARCH 2024
| [2024] FWCA 979 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Commonwealth Of Australia Represented By The National Indigenous Australians Agency
(AG2024/560)
APPLICATION FOR APPROVAL OF THE NATIONAL INDIGENOUS AUSTRALIANS AGENCY ENTERPRISE AGREEMENT 2024-2027
| Commonwealth employment | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 19 MARCH 2024 |
Application for approval of the National Indigenous Australians Agency Enterprise Agreement 2024-2027
An application has been made for approval of an enterprise agreement known as the NATIONAL INDIGENOUS AUSTRALIANS AGENCY 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 National Indigenous Australians Agency. 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 27 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 18 February 2024 the better off overall test provisions in Part 2-4 of the Fair Work Act as amended on 6 June 2023 apply.
The NERR provided to the employees states the Agreement title as ‘National Indigenous Australians Agency Enterprise Agreement’ whilst clause 1 of the Agreement provides the title as ‘National Indigenous Australians Agency Enterprise Agreement 2024-2027’. I am satisfied that in all of the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(5) of the Act. Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.
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 26 March 2024. The nominal expiry date of the Agreement is 28 February 2027.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318.
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