National Capital Authority

[2024] FWCA 1085

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

National Capital Authority

(AG2024/754)

NATIONAL CAPITAL AUTHORITY ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 MARCH 2024

Application for approval of the National Capital Authority Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the National Capital Authority 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 National Capital Authority. 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 27 February 2023 and the Agreement was made on 29 February 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 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 3 April 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 National Capital Authority sought approval for the National Capital Authority Enterprise Agreement 2024-2027. The application was heard in the Fair Work Commission, with the Union of Employees representing the employees. The union argued that the agreement did not sufficiently address several critical issues, including wage progression, leave provisions, and job security. The Authority contended that the agreement was fair and reasonable, providing adequate protections and benefits to employees.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act. This involved assessing whether the agreement provided for the terms and conditions of employment in a manner that was fair and reasonable. The Commission had to consider the nature of the bargaining process, the content of the agreement, and whether it complied with the good faith bargaining obligations under the Act. Additionally, the Commission needed to determine if the agreement provided for a fair and reasonable method of resolving disputes.

The Fair Work Commission examined the evidence presented by both parties, including submissions on the bargaining process, the terms of the agreement, and the views of the union. The Commission found that the agreement provided for a fair and reasonable method of resolving disputes and contained provisions that were fair and reasonable in all respects. The Commission was satisfied that the Authority had met its obligations under the good faith bargaining provisions of the Act. It also found that the agreement provided for adequate protections and benefits for employees, including provisions for wage progression and job security. Therefore, the Commission approved the National Capital Authority Enterprise Agreement 2024-2027.

The Commission's final order was that the National Capital Authority Enterprise Agreement 2024-2027 be approved. This decision effectively resolved the dispute and set the terms and conditions of employment for the relevant employees for the duration of the agreement. The union's objections were overruled, and the Authority's application was granted. This outcome ensures that the agreement will be in effect, providing a stable framework for employment within the Authority.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established