Department of the Senate Summary

[2024] FWCA 1024

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Department of the Senate

(AG2024/730)

DEPARTMENT OF THE SENATE ENTERPRISE AGREEMENT 2024-2026

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 22 MARCH 2024

Application for approval of the Department of the Senate Enterprise Agreement 2024-2026.

An application has been made for approval of an enterprise agreement known as the Department of the Senate Enterprise Agreement 2024-2026 (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 the Senate. 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.

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 29 March 2024. The nominal expiry date of the Agreement is 9 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Department of the Senate for the approval of the Department of the Senate Enterprise Agreement 2024-2026. The applicant sought to have the agreement approved under the Fair Work Act 2009, which mandates that certain enterprise agreements must be approved by the Commission before they can take effect.

The legal issues the court was required to decide centred on whether the agreement met the statutory criteria for approval. These criteria included whether the agreement contained the prescribed terms, whether it was made in good faith, and whether it complied with the procedural requirements of the Fair Work Act 2009. The court also needed to assess whether the agreement provided fair and reasonable terms and conditions for employees and whether it aligned with the broader objectives of the Act, such as promoting harmonious, productive, and cooperative workplace relationships.

In its decision, the Fair Work Commission found that the Department of the Senate Enterprise Agreement 2024-2026 met all the necessary criteria for approval. The agreement contained all the prescribed terms, had been made in good faith, and adhered to the procedural requirements of the Act. The Commission also determined that the agreement provided fair and reasonable terms and conditions for employees, and that it aligned with the broader objectives of the Act. Consequently, the Commission approved the agreement, allowing it to take effect as of the specified date.

Department of the Senate

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established