Department of Home Affairs

[2024] FWCA 1001

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Department of Home Affairs

(AG2024/671)

DEPARTMENT OF HOME AFFAIRS ENTERPRISE AGREEMENT 2024-27

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 20 MARCH 2024

Application for approval of the Department of Home Affairs Enterprise Agreement 2024-27

An application has been made for approval of an enterprise agreement known as the Department of Home Affairs Enterprise Agreement 2024-27 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Department of Home Affairs. 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 Community and Public Sector Union (CPSU) and the Australian Institute of Marine and Power Engineers (AIMPE) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2024. The nominal expiry date of the Agreement is 28 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Department of Home Affairs applied for the approval of the Enterprise Agreement 2024-27. This agreement was negotiated between the Department and the Public Service Association. The dispute centred around the terms and conditions of employment for certain employees within the Department. The Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to the minimum entitlements of employees. The Commission had to consider whether the agreement provided adequate protections and entitlements, including minimum wages, leave provisions, and other employment standards. Additionally, the Commission needed to ensure that the agreement did not discriminate against any class of employee and that it was negotiated in good faith.

The Fair Work Commission found that the Enterprise Agreement 2024-27 was compliant with the relevant statutory requirements. The agreement provided for fair and reasonable terms and conditions of employment, ensuring that employees were not disadvantaged. The Commission was satisfied that the agreement had been negotiated in good faith and that it met the standards for approval under the Fair Work Act. As a result, the Commission approved the agreement, recognising its fairness and reasonableness.

The final orders included the approval of the Enterprise Agreement 2024-27, effective from the specified commencement date. The Commission's decision provided clarity and certainty for both the Department of Home Affairs and the employees covered by the agreement, ensuring that their employment terms were legally sound and appropriately negotiated.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established