The Commonwealth of Australia, as represented by the Department of Agriculture, Fisheries and Forestry
[2024] FWCA 1112
•28 MARCH 2024
| [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
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