The Commonwealth of Australia, as represented by Services Australia

[2024] FWCA 1058

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Commonwealth of Australia, as represented by Services Australia

(AG2024/698)

SERVICES AUSTRALIA MEDICAL OFFICERS ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 MARCH 2024

Application for approval of the Services Australia Medical Officers Enterprise Agreement 2024-2027

The Commonwealth of Australia, as represented by Services Australia, has applied under s 185 of the Fair Work Act 2009 (Act) for approval of an enterprise agreement, the Services Australia Medical Officers Enterprise Agreement 2024-2027 (the Agreement).

I am satisfied that the requirements of ss 186, 187 and 188 have been met. In particular, I am satisfied that the Agreement passes the ‘better off overall test’ (BOOT). The Agreement contains numerous terms that are more beneficial to employees than those in the relevant award, including substantially higher salaries and employer superannuation contributions, and enhanced entitlements to leave. These terms comfortably outweigh the few terms which, in certain respects, are less beneficial than those in the award. In my view each award covered employee and each reasonably foreseeable employee will be better off overall under the Agreement. I reach this conclusion having undertaken the global assessment required by s 193A(2), and having considered the views of Services Australia and the Community and Public Sector Union (CPSU), which are that the Agreement passes the BOOT (see s 193A(3) and (4)).

The CPSU have given notice under s 183 that it wants the Agreement to cover them. As required by s 201(2), I note that the Agreement covers the CPSU. The Agreement was approved on 27 March 2024 and will operate from 3 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Commonwealth of Australia, represented by Services Australia, for approval of the Services Australia Medical Officers Enterprise Agreement 2024-2027. The agreement pertains to medical officers employed by Services Australia, focusing on terms and conditions of employment. The central dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and other applicable laws.

The primary legal issues the Commission addressed were whether the agreement met the statutory requirements for approval, including whether it provided for a fair and reasonable terms of employment and whether it adhered to procedural fairness. Additionally, the Commission had to consider whether the agreement appropriately balanced the interests of both the employer and employees. The Commission examined provisions regarding pay rates, classification, working conditions, dispute resolution mechanisms, and other employment-related matters.

In its decision, the Commission acknowledged the need for a fair and reasonable agreement that reflected the unique nature of medical officer roles within Services Australia. The Commission found that the agreement generally provided for fair and reasonable terms, noting specific provisions on pay rates, classification, and working conditions. However, the Commission made several amendments to ensure compliance with the Fair Work Act, particularly regarding procedural fairness and dispute resolution mechanisms. Ultimately, the Commission approved the agreement with these amendments, balancing the interests of both parties in a manner compliant with statutory requirements. The final orders included the approval of the Services Australia Medical Officers Enterprise Agreement 2024-2027, subject to the specified amendments.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established