Safe Work Australia

[2024] FWCA 1071

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Safe Work Australia

(AG2024/747)

SAFE WORK AUSTRALIA ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 26 MARCH 2024

Application for approval of the Safe Work Australia Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the Safe Work Australia 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 Safe Work Australia. 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 Applicant has also made an application pursuant to s.218A to correct an obvious error in the Agreement that incorrectly referenced certain pay point levels at Schedule A. The Applicant seeks a variation by amending the pay point levels for the Government Lawyer Broadband APS6 classification from ‘4, 5, 6’ to ‘1, 2, 3’. The CPSU did not object to the variation.

I am satisfied that there is an obvious error and that it is appropriate to make the correction by varying the Agreement pursuant to s.218A of the Act. An amended version of the Agreement has been filed which incorporates the variation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 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

Safe Work Australia, an entity involved in workplace safety regulation, applied to the Fair Work Commission for approval of the Safe Work Australia Enterprise Agreement 2024-2027. The application arose from negotiations between Safe Work Australia and its employees, aiming to establish terms and conditions of employment for the specified period. The dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved determining whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the Commission assessed whether the agreement was made in good faith and whether appropriate consultation processes were followed. Substantively, the Commission examined whether the agreement provided for fair and reasonable terms and conditions, including wages, hours of work, and other employment conditions that were not less favourable than the relevant modern award.

In its decision, the Fair Work Commission found that the Safe Work Australia Enterprise Agreement 2024-2027 met both the procedural and substantive requirements for approval. The Commission concluded that the agreement was made in good faith and that the consultation processes were appropriate and comprehensive. Furthermore, the Commission determined that the terms and conditions of employment provided by the agreement were fair and reasonable, offering no detriment to the employees when compared to the relevant modern award. Consequently, the Commission approved the agreement, ensuring it would come into effect as of 1 July 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established