The Commonwealth of Australia, represented by the Australian Competition and Consumer Commission

[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
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the Commonwealth of Australia, represented by the Australian Competition and Consumer Commission, applied for approval of the Australian Competition and Consumer Commission Enterprise Agreement 2024-27. This application was necessary to formalise the terms and conditions of employment for ACCC employees over the specified period. The nature of the dispute involved ensuring the agreement complied with relevant laws and regulations governing enterprise agreements in Australia.

The legal issues that the court had to decide centred on the validity and fairness of the proposed agreement under the Fair Work Act 2009. The court needed to determine whether the agreement met the procedural requirements for approval and whether it contained terms that were fair and reasonable. The primary focus was on whether the agreement had been negotiated in good faith and if it provided for appropriate processes for resolving disputes.

The court found that the proposed agreement was the result of genuine negotiations and contained all the necessary procedural elements for approval. It was also determined that the agreement was fair and reasonable, with appropriate mechanisms for resolving disputes and terms that were not overly disadvantageous to any party. The court concluded that the agreement complied with all statutory requirements and approved it, thereby formalising the employment conditions for ACCC employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established