The Prime Minister of Australia on behalf of the Commonwealth of Australia

[2024] FWCA 3730

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Prime Minister of Australia on behalf of the Commonwealth of Australia

(AG2024/3808)

PRIME MINISTER’S OFFICIAL ESTABLISHMENTS ENTERPRISE AGREEMENT 2024-2026

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 25 OCTOBER 2024

Application for approval of the Prime Minister’s Official Establishments Enterprise Agreement 2024-2026.

An application has been made for approval of an enterprise agreement known as the Prime Minister’s Official Establishments Enterprise Agreement 2024-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Prime Minister of Australia on behalf of the Commonwealth of Australia. The Agreement is a single enterprise agreement.

I am otherwise satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2024. The nominal expiry date of the Agreement is 9 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Commonwealth of Australia, represented by the Prime Minister, and the Australian Public Service Commission. The nature of the dispute pertains to the approval of an enterprise agreement for the Prime Minister’s Official Establishments, covering the period from 2024 to 2026. This matter was brought before the Fair Work Commission, which was tasked with deciding whether the agreement met the legal requirements for approval.

The primary legal issues the court had to address were whether the enterprise agreement complied with the relevant sections of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith, and if it provided for a fair and efficient workplace. Additionally, the court examined whether the agreement contained appropriate provisions for the management of workplace relations and if it adhered to the requirements for the protection of employees' rights.

In reaching its decision, the Fair Work Commission carefully considered the provisions of the proposed agreement. It assessed the agreement against the criteria set out in the Fair Work Act, ensuring that it met the necessary standards for approval. The Commission found that the agreement was made in good faith and included provisions that were fair and efficient. It also confirmed that the agreement provided adequate mechanisms for managing workplace relations and protecting employees' rights. Based on these findings, the Commission approved the Prime Minister’s Official Establishments Enterprise Agreement 2024-2026.

The final orders of the Fair Work Commission were to approve the Prime Minister’s Official Establishments Enterprise Agreement 2024-2026, subject to the conditions and provisions set out in the agreement. This decision ensures that the terms and conditions of employment for the staff within the Prime Minister’s Official Establishments are legally compliant and that the agreement will facilitate effective workplace relations moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established