Commonwealth Of Australia Represented By The National Indigenous Australians Agency Summary

[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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, the Commonwealth of Australia, represented by the National Indigenous Australians Agency (NIAA), applied for approval of the National Indigenous Australians Agency Enterprise Agreement 2024-2027. The application was made under section 180 of the Public Sector Management Act 1994. The NIAA sought to have the agreement, which was the result of collective bargaining, approved by the Court to ensure its enforceability and to provide certainty to the employees covered by the agreement.

The primary legal issue before the Court was whether the Enterprise Agreement met the requirements set out in the Public Sector Management Act 1994. The Court had to determine if the agreement was consistent with the public sector principles and if it was negotiated in good faith. Additionally, the Court examined if the agreement contained all the mandatory terms prescribed by the Act and if it complied with the relevant provisions of the Fair Work Act 2009.

The Court found that the Enterprise Agreement met all the necessary legal criteria. The agreement was consistent with the public sector principles and was negotiated in good faith. The Court also determined that the agreement contained all the mandatory terms required by the Act and complied with the provisions of the Fair Work Act. The Court was satisfied that the agreement was fair and reasonable, and it approved the Enterprise Agreement. The decision provided certainty and enforceability to the agreement, ensuring that it could be implemented effectively.

The Court granted the application for approval of the National Indigenous Australians Agency Enterprise Agreement 2024-2027, confirming its enforceability and validity. The agreement was to be applied from 1 July 2024 and would cover the period until 30 June 2027. The approval ensured that the terms and conditions of employment for the employees covered by the agreement would be legally binding and enforceable, providing stability and certainty for both the employees and the NIAA.

Commonwealth Of Australia Represented By The National Indigenous Australians Agency

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established