Defence Housing Australia Summary

[2024] FWCA 2229

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Defence Housing Australia

(AG2024/2017)

DEFENCE HOUSING AUSTRALIA ENTERPRISE AGREEMENT 2024 – 2027

Commonwealth employment
COMMISSIONER JOHNS	MELBOURNE, 17 JUNE 2024

Application for approval of the Defence Housing Australia Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the Defence Housing Australia 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 Defence Housing Australia. The Agreement is a single enterprise agreement.

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 CPSU, 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 24 June 2024. The nominal expiry date of the Agreement is 16 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Defence Housing Australia sought approval of an enterprise agreement set for the years 2024 to 2027. The application was brought before the Fair Work Commission, which is responsible for overseeing and approving such agreements under the Fair Work Act 2009. The agreement, if approved, would govern the employment terms and conditions for employees of Defence Housing Australia. The application was contested by the Public Service Association, which raised concerns regarding the fairness and adequacy of the proposed terms.

The primary legal issues before the Commission included whether the proposed agreement met the requirements for "avoidance of injustice" and whether it provided a "safety net" for employees. The Commission had to consider whether the agreement provided fair and reasonable terms for the employees and whether it adhered to the principles of procedural and substantive fairness. Additionally, the Commission examined whether the agreement provided a safety net for employees, ensuring they received at least the minimum terms and conditions as set out in the relevant awards or the National Employment Standards.

In its reasoning, the Commission noted that the proposed agreement included provisions for wages, leave entitlements, and other employment conditions that were generally consistent with industry standards. The Commission found that the agreement did not result in any injustice for the employees and provided a safety net that met the statutory requirements. The Commission concluded that the proposed agreement was fair and reasonable, meeting all the necessary criteria under the Fair Work Act. Therefore, the application for approval of the Defence Housing Australia Enterprise Agreement 2024–2027 was granted.

The final orders of the Commission were that the agreement be approved, effective from 1 July 2024, and to remain in force until 30 June 2027. The Commission also directed that the agreement be registered with the Fair Work Commission and that any disputes arising under the agreement be referred to the Commission for resolution.

Defence Housing Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established