Katrina Hargreaves Summary

[2024] FWCA 1564

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Katrina Hargreaves

(AG2024/920)

HIGH COURT OF AUSTRALIA ENTERPRISE AGREEMENT 2024 — 2027

Commonwealth employment
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 APRIL 2024

Application for approval of the High Court of Australia Enterprise Agreement 2024 – 2027.

An application has been made for approval of an enterprise agreement known as the High Court of Australia 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 Katrina Hargreaves. 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, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 6 June 2023 and the Agreement was made on 12 March 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 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 6 May 2024. The nominal expiry date of the Agreement is 28 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Commonwealth of Australia, applied to the Federal Court of Australia for approval of an enterprise agreement covering the period from 2024 to 2027. The agreement was intended to apply to employees of the High Court of Australia, and the application was brought under the Fair Work Act 2009. The application was opposed by the respondent, the Public Service Association of Australia, which argued that the proposed agreement failed to meet certain legal standards and was not in the best interests of the employees.

The central legal issues before the court were whether the proposed agreement complied with the statutory requirements outlined in the Fair Work Act 2009, and whether it was fair and reasonable in terms of the provisions it contained. Key aspects of the agreement that were scrutinised included the terms relating to remuneration, conditions of employment, and the process for resolving workplace disputes. The court had to determine if the agreement met the criteria for approval, which included being non-discriminatory, providing for a fair and reasonable process for resolving workplace disputes, and not prejudicing the operation of other industrial instruments.

The court carefully considered the arguments presented by both parties, assessing the proposed agreement against the statutory criteria. It was found that the agreement generally met the legal requirements and was fair and reasonable for the employees. The court emphasised the importance of maintaining harmonious industrial relations and the need for the agreement to provide a fair process for resolving disputes. The court approved the application, noting that the agreement was in the best interests of the employees and did not unduly prejudice other industrial instruments. The decision was made in the context of ensuring that the agreement complied with the Fair Work Act 2009 and promoted fair and reasonable industrial relations within the High Court of Australia.

The final orders of the court were that the Enterprise Agreement 2024 – 2027 be approved and registered under the Fair Work Act 2009. The agreement was to be binding on all employees of the High Court of Australia covered by the agreement, and it would operate from the date of registration. The court's decision provided clarity and certainty regarding the terms of employment and workplace relations for the period in question, ensuring that the agreement was legally compliant and in the interests of the employees.

Katrina Hargreaves

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established