| [2022] FWCA 476 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Digital Transformation Agency T/A Digital Transformation Agency (DTA)
(AG2021/9261)
Digital Transformation Agency Enterprise Agreement 2022-2025
| Commonwealth employment | |
| COMMISSIONER SIMPSON | BRISBANE, 14 FEBRUARY 2022 |
Application for approval of the Digital Transformation Agency Enterprise Agreement 2022-2025
An application has been made for approval of an enterprise agreement known as the Digital Transformation Agency Enterprise Agreement 2022-2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Digital Transformation Agency T/A Digital Transformation Agency (DTA) (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Community and Public Sector Union (CPSU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CPSU.
The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER
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- AGLC
- Digital Transformation Agency T/A Digital Transformation Agency (DTA) [2022] FWCA 476
- Case
- [2022] FWCA 476
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval and if it was consistent with the principles of the national industrial relations system. Specifically, the Commission had to consider if the agreement provided for the protection of employees' rights and interests, and if it was made in good faith without coercion or undue influence. The Commission also needed to ensure that the agreement did not unfairly discriminate against any group of employees.
The Commission found that the agreement was consistent with the national system of industrial relations and was made in good faith. It concluded that the agreement facilitated the improvement of the employees' work conditions and provided adequate protections for employees. The Commission was satisfied that the agreement met all the necessary criteria for approval and was in line with the principles of the national industrial relations system. Consequently, the Commission approved the application for the registration of the agreement.
The Fair Work Commission approved the Digital Transformation Agency Enterprise Agreement 2022-2025, and the agreement is now registered under the Fair Work Act 2009. The approval is effective from the date of the decision and will remain in place until the end of the agreement period or until it is replaced by a new agreement.
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Background
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