[2024] FWCA 731 The attached document wholly replaces the document previously issued with the document code [2024] FWC 486 on 23 February 2024 to correct document referencing. Associate to Deputy President Masson 26 February 2024 1 Fair Work Act 2009 s.185—Enterprise agreement Commonwealth of Australia, represented by the Department of Foreign Affairs and Trade T/A Department of Foreign Affairs and Trade (AG2024/347) DEPARTMENT OF FOREIGN AFFAIRS AND TRADE ENTERPRISE AGREEMENT 2024 Commonwealth employment DEPUTY PRESIDENT MASSON MELBOURNE, 23 FEBRUARY 2024 Application for approval of the Department of Foreign Affairs and Trade Enterprise Agreement 2024. [1] An application has been made for approval of an enterprise agreement known as the Department of Foreign Affairs and Trade Enterprise Agreement 2024 (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, represented by the Department of Foreign Affairs and Trade T/A Department of Foreign Affairs and Trade. The Agreement is a single enterprise agreement. [2] 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, which commenced operation on 6 June 2023. By reason of the transitional arrangements for the Amending Act and the notification time for the Agreement of 27 February 2023, the genuine agreement requirements for agreement approval in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023 apply to the present application. Further, as the Agreement was made on 4 February 2024 the better off overall test provisions in Part 2- 4 of the Fair Work Act as amended on 6 June 2023 apply. [3] 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. [4] 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. [2024] FWCA 731 DECISION [2024] FWCA 731 2 [5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2024. The nominal expiry date of the Agreement is 28 February 2027. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <AE523642 PR771826>