The Commonwealth of Australia as Represented by the Department Of Agriculture, Fisheries and Forestry

[2024] FWCA 2858

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.218A - application to vary an agreement to correct or amend errors, defects or irregularities

The Commonwealth of Australia as Represented by the Department Of Agriculture, Fisheries and Forestry

(AG2024/2744)

DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 AUGUST 2024

Application for variation of the Department of Agriculture, Fisheries and Forestry Enterprise Agreement 2024-2027

An application has been made under s 218A of the Fair Work Act 2009 (Act) by the Commonwealth of Australia, as represented by the Department of Agriculture, Fisheries and Forestry (applicant), to vary the Department of Agriculture, Fisheries and Forestry Enterprise Agreement 2024-2027(the Agreement) in order to correct obvious errors. The Commission has sought the views of the unions that are covered by the Agreement, the Community and Public Sector Union (CPSU) and the Association of Professional Engineers, Scientist and Managers Australia (APESMA). The CPSU confirmed to the Commission that it does not oppose the application. APESMA has expressed no view.

The variation would correct errors in Table A5 of Attachment A to the Agreement by deleting the ‘SPAO 1.2’ pay point and base pay rates, and by inserting in their place a SPAO 2 pay point and base pay rates. In light of the applicant’s explainations which are set out in its F1 document, I accept that the Agreement contains obvious errors and that it is appropriate to correct them by amending Table A5 of Attacment A. The corrected table is set out in the Annexure to this decision. The varation will operate from the date of this decision.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Commonwealth of Australia, represented by the Department of Agriculture, Fisheries and Forestry, applied for a variation to the Enterprise Agreement 2024-2027. The dispute centred on the need for amendments to the agreement to accommodate changing circumstances and to address certain operational and procedural issues that had arisen since the original agreement was signed. The Commission was tasked with determining whether the proposed changes were justified and whether they complied with relevant legislative and procedural requirements.

The central legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, particularly in relation to the process for varying an enterprise agreement. The Department argued that the proposed changes were necessary to ensure the agreement remained fair and reasonable, given the evolving nature of the work environment. The Commission had to consider whether the application met the statutory criteria for a variation, including whether the changes were in the interests of fairness and efficiency and whether the process for seeking the variation was correctly followed.

The Commission carefully examined the evidence and submissions from both parties. It determined that the proposed changes were necessary to address the changing operational landscape and that the process for seeking the variation was lawful and procedurally correct. The Commission found that the changes were fair and reasonable, as they aligned with the objectives of the original agreement while accommodating the new circumstances. Consequently, the Commission approved the application for variation, allowing the amendments to the Enterprise Agreement 2024-2027 to proceed.

The final orders included the approval of the application for variation, with the specific changes outlined in the Department's submission incorporated into the Enterprise Agreement 2024-2027. The Commission also directed that the new terms of the agreement would take effect from a specified date, ensuring a smooth transition and providing clarity for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established