Office Of The Inspector-General Of Aged Care T/A As Above

[2024] FWCA 1233

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Office Of The Inspector-General Of Aged Care T/A As Above

(AG2024/926)

OFFICE OF THE INSPECTOR-GENERAL OF AGED CARE ENTERPRISE AGREEMENT 2024–2027

Commonwealth employment
DEPUTY PRESIDENT DEAN	MELBOURNE, 5 APRIL 2024

Application for approval of the Office of the Inspector-General of Aged Care Enterprise Agreement 2024–2027

An application has been made for approval of an enterprise agreement known as the Office of the Inspector-General of Aged Care 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 Inspector-General Of Aged Care. 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 23 November 2023 and the Agreement was made on 13 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 (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 12 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 applicant sought approval of an enterprise agreement for the Office of the Inspector-General of Aged Care for the period 2024–2027. The application was made under the Public Sector Management Act 1992. The applicant argued that the proposed agreement provided for a fair and reasonable outcome for both employees and the employer, and that the agreement was in the public interest.

The primary legal issue before the court was whether the proposed agreement was fair and reasonable, and in the public interest. The court had to consider whether the agreement met the criteria set out in the Public Sector Management Act 1992, including the need to provide for a fair and reasonable outcome for both employees and the employer, and to promote efficient and effective public sector management.

The court found that the proposed agreement was fair and reasonable, and in the public interest. The court noted that the agreement provided for a balanced outcome, with reasonable provisions for both employees and the employer. The court also noted that the agreement promoted efficient and effective public sector management by providing for clear and transparent processes for the resolution of disputes. The court approved the proposed agreement, subject to certain conditions.

The court ordered that the agreement be approved as a certified agreement, subject to the condition that the applicant provide a copy of the agreement to the Registrar of the Fair Work Commission within seven days of the agreement being certified. The court also ordered that the agreement be published on the Office of the Inspector-General of Aged Care website, and that the applicant provide a copy of the agreement to all employees within seven days of the agreement being certified.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established