The Commonwealth of Australia, represented by the Fair Work Commission
[2024] FWCA 940
•15 MARCH 2024
| [2024] FWCA 940 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Commonwealth of Australia, represented by the Fair Work Commission
(AG2024/710)
FAIR WORK COMMISSION ENTERPRISE AGREEMENT 2024–2027
| Commonwealth employment | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 15 MARCH 2024 |
Application for approval of the Fair Work Commission Enterprise Agreement 2024–2027
The Commonwealth of Australia, represented by the Fair Work Commission (FWC), has applied under s 185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement, the Fair Work Commission Enterprise Agreement 2024–2027 (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 provides numerous terms of employment 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 in
s 193A(2), and having considered the view of the FWC and the Community and Public Sector Union (CPSU) that the Agreement passes the BOOT (see s 193A(3) and (4)).
The CPSU has given notice under s 183 that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CPSU. The Agreement was approved on 15 March 2024 and will operate from 22 March 2024.
DEPUTY PRESIDENT
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