Digital Transformation Agency

[2024] FWCA 1072

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Digital Transformation Agency

(AG2024/648)

DTA ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 26 MARCH 2024

Application for approval of the DTA Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the DTA 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 the Digital Transformation Agency. 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) 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 2 April 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 Federal Court of Australia, the Fair Work Commission was the respondent to an application brought by the Digital Transformation Agency (DTA) for approval of the DTA Enterprise Agreement 2024-2027. The DTA sought to enter into an enterprise agreement that would govern the terms and conditions of employment for its employees during the specified period. The application for approval was contested by the respondent, raising several issues regarding the fairness and compliance of the proposed agreement with the Fair Work Act 2009.

The central legal issues before the court revolved around whether the proposed agreement met the statutory requirements for being a "registerable" agreement under the Fair Work Act. This included scrutiny of the agreement's provisions concerning pay rates, classification of employees, leave entitlements, and procedural fairness. The court had to determine if the agreement provided for minimum terms and conditions that were no less favourable than those provided by the applicable awards or registered agreements, and whether the agreement had been made in good faith and without coercion.

The court examined the provisions of the agreement against the legal criteria set out in the Fair Work Act, assessing if the agreement provided adequate protections and benefits for employees. It considered submissions from both parties regarding the fairness of the agreement's terms and the process by which it was negotiated. Ultimately, the court found that the DTA Enterprise Agreement 2024-2027 complied with the statutory requirements for registration and approved the application for its registration. This decision confirmed the agreement's validity and enabled it to take effect as intended by the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established