The Commonwealth Of Australia Represented By The Department Of Veterans' Affairs T/A Department Of Veterans' Affairs And The Repatriation Commission And The Military Rehabilitation And Compensation Commission
[2024] FWCA 1089
•27 MARCH 2024
| [2024] FWCA 1089 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
The Commonwealth Of Australia Represented By The Department Of Veterans' Affairs T/A Department Of Veterans' Affairs And The Repatriation Commission And The Military Rehabilitation And Compensation Commission
(AG2024/748)
DVA ENTERPRISE AGREEMENT 2024-2027
| Commonwealth employment | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 27 MARCH 2024 |
Application for approval of the DVA Enterprise Agreement 2024-2027
An application has been made for approval of an enterprise agreement known as the DVA Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Commonwealth of Australia (Department of Veterans’ Affairs and the Repatriation Commission and the Military Rehabilitation and Compensation Commission). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 17 February 2023 and the Agreement was made on 5 March 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
The Community and Public Sector Union (CPSU) and the Australian Salaried Medical Officers Federation (ASMOF), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2024. The nominal expiry date of the Agreement is 28 February 2027.
DEPUTY PRESIDENT
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