Workplace Gender Equality Agency

[2024] FWCA 1121

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Workplace Gender Equality Agency

(AG2024/864)

WORKPLACE GENDER EQUALITY AGENCY ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 28 MARCH 2024

Application for approval of the Workplace Gender Equality Agency Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the Workplace Gender Equality Agency 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 Workplace Gender Equality Agency. The Agreement is a single enterprise agreement.

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.

CPSU, the Community and Public Sector Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 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 applicant, the Workplace Gender Equality Agency, sought approval for a proposed enterprise agreement that would cover the period from 2024 to 2027. The application was made under the Fair Work Act 2009, and the dispute centred on whether the proposed agreement met the legislative requirements for approval. The matter was heard in the Fair Work Commission, which is the body responsible for making such determinations.

The central legal issues before the Commission were whether the proposed agreement satisfied the statutory criteria for approval, including compliance with the Fair Work Act's provisions on fair and equitable terms and conditions, and whether it appropriately addressed gender equality objectives. Additionally, the Commission had to consider whether the agreement provided for appropriate mechanisms to ensure compliance and enforcement.

The Fair Work Commission determined that the proposed agreement met the necessary legal standards for approval. The Commission found that the agreement contained fair and equitable terms and conditions for the employees, and it appropriately balanced the interests of both the employer and the employees. The agreement also included provisions that supported the agency's mission to promote gender equality within the workplace. Furthermore, the mechanisms for compliance and enforcement were deemed adequate, ensuring that the agreement could be effectively implemented and monitored.

In conclusion, the Commission approved the Workplace Gender Equality Agency Enterprise Agreement 2024-2027, recognising it as meeting the legislative requirements for such agreements. The decision allows the agency to implement the terms of the agreement, which includes provisions aimed at advancing gender equality in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established