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

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Commonwealth of Australia, represented by the Department of Veterans' Affairs, trading as the Department of Veterans' Affairs, and the Repatriation Commission and the Military Rehabilitation and Compensation Commission, applied for approval of the DVA Enterprise Agreement 2024-2027. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The agreement sought to set out the terms and conditions of employment for employees of the Department of Veterans' Affairs, the Repatriation Commission, and the Military Rehabilitation and Compensation Commission.

The central legal issue before the court was whether the DVA Enterprise Agreement 2024-2027 complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to assess if the agreement provided for minimum entitlements, did not undermine the operation of safety nets, and contained no terms that were contrary to public policy. The court also had to consider if the agreement had been made in good faith, and if it had been negotiated fairly and in a genuine attempt to reach an agreement.

The Fair Work Commission found that the DVA Enterprise Agreement 2024-2027 met the criteria for approval. The agreement was found to provide for the minimum entitlements required by the Fair Work Act 2009 and did not undermine the safety nets provided by the Act. The Commission also determined that the agreement did not contain any terms that were contrary to public policy. The Commission concluded that the agreement had been made in good faith and that it had been negotiated fairly and in a genuine attempt to reach an agreement. As a result, the Commission approved the DVA Enterprise Agreement 2024-2027.

The Fair Work Commission approved the DVA Enterprise Agreement 2024-2027, effective from the first day of July 2024. The agreement will apply to employees of the Department of Veterans' Affairs, the Repatriation Commission, and the Military Rehabilitation and Compensation Commission. The Commission's decision provides certainty for employers and employees regarding the terms and conditions of employment for the period 2024-2027.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established