Food Standards Australia New Zealand

[2024] FWCA 798

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Food Standards Australia New Zealand

(AG2024/294)

APPLICATION FOR APPROVAL OF THE FOOD STANDARDS AUSTRALIA NEW ZEALAND ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 MARCH 2024

Application for approval of the Food Standards Australia New Zealand Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Food Standards Australia New Zealand 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 Food Standards Australia New Zealand. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, which commenced operation on 6 June 2023. By reason of the transitional arrangements for the Amending Act and the notification time for the Agreement of 25 January 2022, the genuine agreement requirements for agreement approval in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023 apply to the present application. Further, as the Agreement was made on 2 February 2024 the better off overall test provisions in Part 2-4 of the Fair Work Act as amended on 6 June 2023 apply.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 11 March 2024. The nominal expiry date of the Agreement is 28 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Food Standards Australia New Zealand (FSANZ), sought approval for the proposed Enterprise Agreement 2024-2027. The respondents were the Australian Public Service Association and the Community and Public Sector Union. The dispute arose from the negotiation of terms and conditions for employees within the organisation. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission included whether the agreement complied with the "better off overall test" (BOOT) and whether it contained all the prescribed terms and conditions mandated by the Act. The Commission also needed to assess whether the agreement was made in good faith and if the proper consultation processes were followed. The BOOT required the Commission to compare the terms of the proposed agreement with the existing conditions to ensure employees would not be worse off overall.

The Commission found that the proposed agreement met the statutory requirements. It concluded that the agreement was likely to result in employees being better off overall and contained all the prescribed terms. The Commission also determined that the agreement was made in good faith and that the proper consultation processes had been followed. Consequently, the application for approval was granted. The Enterprise Agreement 2024-2027 was approved and will come into effect on the first day of the fourth month after the registration of the approval by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established