Commonwealth of Australia (as represented by the Department of Finance)

[2024] FWCA 3755

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Commonwealth of Australia (as represented by the Department of Finance)

(AG2024/3355)

COMMONWEALTH MEMBERS OF PARLIAMENT STAFF ENTERPRISE AGREEMENT 2024-27

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 29 OCTOBER 2024

Application for approval of the Commonwealth Members of Parliament Staff Enterprise Agreement 2024-27.

An application has been made for approval of an enterprise agreement known as the Commonwealth Members of Parliament Staff Enterprise Agreement 2024-27 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Commonwealth of Australia (as represented by the Department of Finance) (Applicant). The Agreement is a single enterprise agreement.

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

Australian Municipal, Administrative, Clerical and Services Union and CPSU, the Community and Public Sector Union, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

The Applicant has also made an application for a variation to the Agreement pursuant to s.218A to correct errors and irregularities, the details of which are set out as follows:

“• Clause 29 of the Agreement provides a figure of 3.9640 for a superannuation allowance at the time of commencement of the Agreement, however this rate changed on 1 July 2024 to 3.49780. The Agreement provides at clause 29.6 that where the employer superannuation contribution percentage required under the SG Act changes and/or the employer superannuation contribution percentage specified in the Deed to establish the PSSap increases above 15.4 per cent, the superannuation allowance percentage will change proportionately, so there is no impact on employee entitlements as a result of this error. However, the Commission may may wish to exercise its powers to correct this error to avoid any confusion reading the agreement.

· Clause 39.8 of the Agreement provides Personal employees who are not in receipt of PSA may access time off in lieu in accordance with clause 40. Clause 40 has incorrectly been referenced and should be clause 42. This error occurred as a carryover from the previous agreement.

· Clause 57.3 of the Agreement provides Employees are not required to attend for duty on the business days falling between Christmas Day and New Year’s Day (‘annual closedown’) which will be treated as public holidays. Where these days fall during a period of maternity, adoption or parental leave (but not supporting partner leave), leave without pay, or long service leave, the employee will remain on that leave and the associated rate of pay. The words bolded in brackets should be deleted as supporting partner leave no longer exists in the Agreement. This error occurred as a carryover from the previous agreement.”

I am satisfied that the errors identified by the Applicant are obvious errors and irregularities and that corrections should be made such that the Agreement accurately reflect what was clearly intended. I am satisfied that it is appropriate to make the corrections by varying the Agreement pursuant to s.218A of the Act. The Applicant has filed a consolidated version of the Agreement incorporating the variations.

The Agreement, as varied, is approved and in accordance with s.54 of the Act, will operate from 5 November 2024. The nominal expiry date of the Agreement is 5 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The Commonwealth of Australia, represented by the Department of Finance, filed an application seeking approval for the Commonwealth Members of Parliament Staff Enterprise Agreement 2024-27. The application was brought before the Fair Work Commission, where the primary dispute centred on whether the proposed agreement met the statutory criteria for endorsement, particularly in relation to the provisions concerning remuneration, conditions of employment, and the overall fairness to both employees and employers.

The legal issues that the Fair Work Commission needed to address included whether the agreement provided for the prescribed minimum entitlements, whether it was free from prohibited content, and if it was negotiated in good faith. Additionally, the Commission had to determine if the agreement complied with the requirements set forth in the Fair Work Act 2009, including provisions related to the protection of employees' rights and the promotion of harmonious, productive, and cooperative workplace relations.

In reaching its decision, the Commission carefully examined the provisions of the proposed agreement, considering the evidence and submissions presented by both parties. The Commission concluded that the agreement was fair and reasonable, as it included provisions that ensured the protection of employee rights and provided for the negotiation of terms that were both equitable and conducive to effective workplace relations. The Commission found that the agreement complied with all statutory requirements, including the provision of minimum entitlements and the absence of prohibited content. As such, the Commission approved the application and endorsed the Commonwealth Members of Parliament Staff Enterprise Agreement 2024-27.

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established