Office of the Inspector-General of Intelligence and Security Summary

[2024] FWCA 932

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Office of the Inspector-General of Intelligence and Security

(AG2024/559)

OIGIS ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 15 MARCH 2024

Application for approval of the OIGIS Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the OIGIS 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 Intelligence and Security. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 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 22 March 2024. The nominal expiry date of the Agreement is 28 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved an application for the approval of the Office of the Inspector-General of Intelligence and Security's (OIGIS) Enterprise Agreement 2024-2027. The dispute arose between the Office of the Inspector-General of Intelligence and Security, represented by its relevant officers, and the relevant unions, who were the applicants. The central issue before the court was to determine whether the terms of the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to ascertain whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions.

The legal issues the court was required to decide involved assessing the procedural fairness of the agreement, including whether appropriate consultation had occurred, and whether the agreement provided for fair and reasonable terms and conditions. The court had to consider the statutory requirements for the approval of an enterprise agreement, including whether the agreement complied with the 'better off overall test' and whether it contained provisions that were consistent with the principles of the Fair Work Act. Furthermore, the court needed to evaluate whether the agreement included adequate protections for employees, including provisions for dispute resolution and the avoidance of unfair dismissal.

The court found that the OIGIS Enterprise Agreement 2024-2027 met the necessary criteria for approval. The court held that the agreement was made in good faith and provided for fair and reasonable terms and conditions. The court was satisfied that the consultation process was adequate and that the agreement complied with the better off overall test. The court also found that the agreement included adequate protections for employees, including provisions for dispute resolution and the avoidance of unfair dismissal. Consequently, the court approved the enterprise agreement, noting the importance of the agreement in providing a fair and reasonable framework for the employees within the OIGIS.

The final orders of the court included the approval of the OIGIS Enterprise Agreement 2024-2027, effective from 1 July 2024. The court emphasised the importance of the agreement in providing a fair and reasonable framework for the employees within the OIGIS, and it highlighted the need for ongoing compliance with the terms of the agreement. The court also directed that the approved agreement be registered with the Fair Work Commission, thereby ensuring its legal enforceability.

Office of the Inspector-General of Intelligence and Security

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established