Office of the Commonwealth Ombudsman Summary

[2024] FWCA 1118

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Office of the Commonwealth Ombudsman

(AG2024/836)

OFFICE OF THE COMMONWEALTH OMBUDSMAN ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 28 MARCH 2024

Application for approval of the Office of the Commonwealth Ombudsman Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the Office of the Commonwealth Ombudsman 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 Office of the Commonwealth Ombudsman. The Agreement is a single enterprise agreement.

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.

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 4 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 parties involved in this case were the Office of the Commonwealth Ombudsman and the union representing the employees. The dispute centred around the approval of the Enterprise Agreement 2024-2027. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval. The nature of the dispute was to ensure that the terms and conditions of employment within the Office were fair and reasonable for both the employees and the employer.

The legal issues before the Commission included whether the agreement complied with the Fair Work Act 2009, particularly in relation to the procedural fairness of the bargaining process and the substantive fairness of the terms. The Commission had to assess whether the agreement was made in good faith, and whether it provided for fair and reasonable terms and conditions. Additionally, the Commission considered the balance of the rights and obligations of the parties, and whether the agreement met the public interest test.

The Fair Work Commission determined that the agreement was made in good faith and was procedurally fair. The Commission found that the agreement provided for fair and reasonable terms and conditions, taking into account the needs and circumstances of the employees and the operational requirements of the Office. The Commission also concluded that the agreement met the public interest test, as it supported the efficient and effective functioning of the Office. Therefore, the Commission approved the Enterprise Agreement 2024-2027.

The final orders of the Commission included the approval of the Enterprise Agreement 2024-2027, effective from the date of the decision. The agreement was to be registered by the Registrar of the Fair Work Commission and would govern the terms and conditions of employment for the employees of the Office of the Commonwealth Ombudsman for the specified period. The Commission also directed that any disputes arising from the agreement would be dealt with in accordance with the procedures outlined within the agreement itself.

Office of the Commonwealth Ombudsman

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established