The Commonwealth of Australia, represented by the Fair Work Commission

[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
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Commonwealth of Australia, represented by the Fair Work Commission, applied for approval of the Fair Work Commission Enterprise Agreement 2024–2027. This agreement was proposed by the Australian Public Service Commission on behalf of the Australian Public Service employees. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and whether it was in the public interest.

The legal issues before the court were the compliance of the agreement with statutory provisions, particularly those relating to minimum entitlements, dispute resolution, and public interest considerations. The court had to determine whether the agreement met the legal criteria set out in the Fair Work Act and if it adequately balanced the rights of employees with the public interest.

In reaching its decision, the court examined the agreement in detail, considering whether it provided for appropriate minimum terms and conditions, effective dispute resolution mechanisms, and alignment with the public interest. The court noted that the agreement met the necessary statutory requirements and that it was in the public interest, as it provided a fair and reasonable framework for employment within the public service sector. Based on this analysis, the court approved the agreement.

The final orders of the court were that the Fair Work Commission Enterprise Agreement 2024–2027 be approved, and it should be registered in accordance with the provisions of the Fair Work Act 2009. The agreement will now serve as a binding framework for employment within the Australian Public Service for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established