Old Parliament House

[2024] FWCA 1120

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Old Parliament House

(AG2024/804)

OLD PARLIAMENT HOUSE ENTERPRISE AGREEMENT 2024-2027

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 28 MARCH 2024

Application for approval of the Old Parliament House Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Old Parliament House 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 Old Parliament House. 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.

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 4 April 2024. The nominal expiry date of the Agreement is 28 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the application for the approval of the Old Parliament House Enterprise Agreement 2024-2027. The parties to the dispute included the employer, the Old Parliament House Enterprise, and the employees represented by various unions. The dispute arose in the Fair Work Commission, the body responsible for overseeing and approving enterprise agreements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval and whether it provided fair and reasonable terms and conditions for the employees. This included assessing whether the agreement adequately addressed key issues such as wages, working hours, leave provisions, and dispute resolution mechanisms. The Commission also had to determine if the agreement was negotiated in good faith and if it provided for the protection of employees' rights.

The Commission found that the agreement was generally fair and reasonable, meeting the statutory requirements for approval. It concluded that the agreement had been negotiated in good faith and that it provided adequate terms and conditions for the employees. The Commission noted that the agreement included provisions for fair wages, reasonable working hours, and appropriate leave entitlements, as well as mechanisms for resolving disputes. It also found that the agreement appropriately protected employees' rights and interests. Based on these findings, the Commission approved the Old Parliament House Enterprise Agreement 2024-2027.

The final orders included the approval of the enterprise agreement, which would now govern the terms and conditions of employment for the employees of the Old Parliament House Enterprise for the specified period. The agreement was to be registered with the Fair Work Commission, and the parties were required to comply with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established