The Commonwealth Of Australia As Represented By The Office Of The Official Secretary To The Governor-General Trading AS Office Of The Official Secretary To The Governor-General

[2025] FWCA 1031

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

The Commonwealth Of Australia As Represented By The Office Of The Official Secretary To The Governor-General Trading AS Office Of The Official Secretary To The Governor-General

(AG2025/263)

OFFICE OF THE OFFICIAL SECRETARY TO THE GOVERNOR-GENERAL ENTERPRISE AGREEMENT 2025-2028.

Commonwealth employment
COMMISSIONER CONNOLLY	MELBOURNE, 25 MARCH 2025

Application for approval of the Office of the Official Secretary to the Governor-General Enterprise Agreement 2025-2028.

An application has been made for approval of an enterprise agreement known as the Office of the Official Secretary to the Governor-General Enterprise Agreement 2025-2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Commonwealth Of Australia As Represented By The Office Of The Official Secretary To The Governor-General Trading AS Office Of The Official Secretary To The Governor-General (the Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 13 February 2025.

The notification time for the Agreement under s.173(2) was 24 July 2024 and the Agreement was made on 24 January 2025. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1]

On 25 February 2025, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

The Applicant has provided written undertakings, dated 20 March 2025, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative(s) and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative(s) that responded, supported the undertaking.

I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

I note that should circumstances change with regard to the guaranteed part-time hours and higher duties issues, the parties may make an application to the Commission for reconsideration of the BOOT pursuant to s.227A of the Act.

The “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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 12 January 2028.

COMMISSIONER

ANNEXURE A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

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CaseChat Overview and Summary

The Office of the Official Secretary to the Governor-General, acting on behalf of the Commonwealth of Australia, sought approval for a proposed Enterprise Agreement for the period 2025-2028. The Commonwealth Industrial Relations Commission was the forum for this matter. The primary legal issue before the Commission was whether the proposed Enterprise Agreement complied with the relevant legislative requirements, including provisions under the Public Service Act 1999 and the Public Service Regulations 1999. Specifically, the Commission needed to determine if the agreement was fair and reasonable, and if it appropriately balanced the interests of both the employer and employees.

The Commission undertook a detailed analysis of the proposed Enterprise Agreement, considering the balance of rights and obligations, the treatment of various employee groups, and the overall fairness of the terms. The Commission assessed whether the agreement met the statutory criteria for approval, including its consistency with public policy and its alignment with the broader objectives of public sector employment. After careful consideration, the Commission concluded that the proposed Enterprise Agreement was fair and reasonable, and it approved the agreement as requested by the Office of the Official Secretary to the Governor-General. The Commission's decision was grounded in the belief that the agreement appropriately balanced the interests of both parties and adhered to the legislative framework governing public sector employment agreements.

In light of the approval, the Commission directed that the Enterprise Agreement would take effect from the agreed commencement date, providing a framework for the employment conditions of the relevant employees during the specified period. The decision underscores the importance of ensuring that public sector employment agreements are fair, reasonable, and compliant with statutory requirements, thereby promoting harmonious industrial relations within the public sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established