The Commonwealth of Australia, represented by the Australian Competition and Consumer Commission
[2024] FWCA 1109
•28 MARCH 2024
| [2024] FWCA 1109 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Commonwealth of Australia, represented by the Australian Competition and Consumer Commission
(AG2024/815)
AUSTRALIAN COMPETITION AND CONSUMER COMMISSION ENTERPRISE AGREEMENT 2024-27
| Commonwealth employment | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 28 MARCH 2024 |
Application for approval of the Australian Competition and Consumer Commission Enterprise Agreement 2024-27
The Commonwealth of Australia, represented by the Australian Competition and Consumer Commission (ACCC), has applied under s 185 of the Fair Work Act 2009 (Act) for approval of an enterprise agreement, the Australian Competition and Consumer Commission Enterprise Agreement 2024-27 (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 the ACCC 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 28 March 2024 and will operate from 4 April 2024.
DEPUTY PRESIDENT
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