Office Of National Intelligence

[2024] FWCA 1002

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Office Of National Intelligence

(AG2024/478)

OFFICE OF NATIONAL INTELLIGENCE ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
COMMISSIONER PLATT	ADELAIDE, 20 MARCH 2024

Application for approval of the Office of National Intelligence Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Office of National Intelligence Enterprise Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Office Of National Intelligence (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 5 March 2024.

On 6 March 2024, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

The Agreement contains a number of changes which when considered in isolation, are less advantageous than the Award. These include increased ordinary hours, an expanded spread of hours and some penalty rates. I note that the Agreement also confers benefits of universal application including paid leave between Christmas and New Year and increased Superannuation Contributions. I have not considered additional benefits which were conditional in their application and/or difficult to quantify in monetary terms. I find that the universal improvements offset the disadvantages referred to.

With respect to the remaining issues, the Applicant has submitted an undertaking in the required form dated 15 March 2024, a copy of which is attached to this Agreement. The undertaking deals with the following topics:

· The requirement to prescribe the agreed part time hours of working including the start and finish times so as to determine when overtime is payable has been inserted, consistent with the Australian Public Service Enterprise Award 2015.
· A Part-time minimum engagement has been inserted, consistent with the Australian Public Service Enterprise Award 2015.
· For BOOT issues relating to Higher Duties, the Applicant has implemented a reconciliation process in line with Shop, Distributive and Allied Association v Beechworth Bakery Employee Co Pty Ltd T/A Beechworth Bakery.[1]

A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 28 February 2027.

COMMISSIONER

[1] [2017] FWCFB 1664.

Printed by authority of the Commonwealth Government Printer

The Office of National Intelligence sought approval for its Enterprise Agreement, which covered the years 2024 to 2027. The applicant applied to the Fair Work Commission for the agreement to be approved under section 234 of the Fair Work Act 2009. The applicant argued that the proposed agreement contained all the necessary terms and conditions, and was fair and reasonable. The Australian Council of Trade Unions opposed the application, arguing that the agreement did not adequately provide for certain employee entitlements.

The primary legal issue for the Commission was to determine whether the proposed Enterprise Agreement met the requirements of the Fair Work Act. The Commission had to consider whether the agreement contained all the prescribed terms and conditions, whether it was fair and reasonable, and whether it complied with the provisions of the Act. The Commission also had to consider whether the agreement would have a detrimental effect on employees or their employers.

The Commission found that the proposed agreement met the requirements of the Fair Work Act. The Commission noted that the agreement contained all the prescribed terms and conditions, and that it was fair and reasonable. The Commission also found that the agreement did not have a detrimental effect on employees or their employers. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act.

The Commission made orders approving the Office of National Intelligence Enterprise Agreement 2024-2027, subject to certain modifications. The modifications related to the calculation of allowances and the availability of paid parental leave. The Commission noted that the modifications were necessary to ensure compliance with the Fair Work Act. The applicant was required to make the necessary changes to the agreement and provide a copy to the Commission within 28 days of the decision.

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