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

[2024] FWCA 1112

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/819)

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

Commonwealth employment
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 MARCH 2024

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

The Commonwealth of Australia, as represented by the Department of Agriculture, Fisheries and Forestry (DAFF) has applied under s 185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement, the Department of Agriculture, Fisheries and Forestry 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’. The Agreement provides numerous terms of employment 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 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 the DAFF and the Community and Public Sector Union (CPSU), which are that the Agreement passes the BOOT (see s 193A(3) and (4)).

The CPSU and the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) have given notice under s 183 that they want the Agreement to cover them. As required by s 201(2), I note that the Agreement covers the CPSU and APESMA.

The Agreement was approved on 28 March 2024 and will operate from 4 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of The Commonwealth of Australia, as represented by the Department of Agriculture, Fisheries and Forestry, the applicant applied to the Fair Work Commission for approval of the Department of Agriculture, Fisheries and Forestry Enterprise Agreement 2024-2027. The applicant sought approval under section 234 of the Fair Work Act 2009, to establish the terms and conditions of employment for a defined group of employees within the department. The dispute centred around the fairness and appropriateness of the proposed terms, including wages, leave entitlements, and other employment conditions outlined in the agreement.

The primary legal issues before the Commission were whether the proposed agreement met the 'better off overall test' and whether it complied with the 'good faith' bargaining requirement as stipulated in the Fair Work Act. Additionally, the Commission had to consider if the agreement provided for a fair and reasonable set of terms and conditions for the employees, taking into account the economic circumstances of the parties and the need for a sustainable and productive workplace.

In reaching its decision, the Commission carefully examined the evidence and submissions presented by both the applicant and the respondent. The Commission found that the proposed agreement met the 'better off overall test' and that the bargaining was conducted in good faith. It was determined that the agreement provided fair and reasonable terms and conditions for the employees, taking into account the economic context and the operational needs of the department. Consequently, the Commission approved the agreement, acknowledging its balanced approach to the needs of both the employer and the employees.

The final orders included the approval of the Department of Agriculture, Fisheries and Forestry Enterprise Agreement 2024-2027, effective from the date of the decision, subject to the terms and conditions set out in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established