Office of the Fair Work Ombudsman

[2024] FWCA 1302

[2024] FWCA 1302

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Office of the Fair Work Ombudsman

(AG2024/909)

OFFICE OF THE FAIR WORK OMBUDSMAN ENTERPRISE AGREEMENT 2024 – 2027

Commonwealth employment
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 APRIL 2024

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

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

1. 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 27 February 2023, 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 11 March 2024 the better off overall test provisions in Part 2-4 of the Fair Work Act as amended on 6 June 2023 apply.

1. 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.

1. The Applicant has raised that a typographical error was made in clause 410.1 of the Agreement, which has inadvertently omitted the ‘f’ in the word ‘for’. The Applicant has sought that the Commission exercise its discretion pursuant to s.218A of the Act to amend an obvious error, defect or irregularity. I am satisfied that the typographical error is an obvious error, defect or irregularity and I will amend the Agreement accordingly pursuant to s. 218A of the Act.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2024. The nominal expiry date of the Agreement is 28 February 2027.

DEPUTY PRESIDENT

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