Commonwealth Of Australia As Represented By The Department Of Social Services Summary

[2024] FWC 664

FAIR WORK COMMISSION

FURTHER DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Commonwealth Of Australia As Represented By The Department Of Social Services

(AG2024/439)

DEPARTMENT OF SOCIAL SERVICES ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
COMMISSIONER PLATT	ADELAIDE, 26 MARCH 2024

Department of Social Services Enterprise Agreement 2024-2027

Further to the Decision ([2024] FWCA 900) issued on 12 March 2024, an application has been made under s.218A of the Fair Work Act 2009 (the Act), by the Commonwealth Of Australia As Represented By The Department Of Social Services (the Applicant), to vary the Department of Social Services Enterprise Agreement 2024-2027 (the Agreement) in order to correct a number of obvious errors.

The Agreement was approved with undertakings on 12 March 2024 and commenced operation on 19 March 2024.[1] The Applicant is the Employer covered by the Agreement. The Community and Public Sector Union (CPSU) is also covered by the Agreement.

The Applicant has provided a list of errors by way of a Form F1 dated 23 February 2024, which the Applicant submits are typographical in nature. The Applicant has also provided a revised Agreement which consolidates the variations.

A copy of the changes have been provided to the Bargaining Representatives and CPSU. There has been no objection received and the CPSU supports the application.

Having reviewed the list of typographical errors, it is apparent in my view that such errors would fall within the scope of s. 218A(1). Accordingly, the revised Agreement (with undertakings) is attached to this Decision.

The variations will operate from the date on which the Agreement commenced operation, which is 19 March 2024.

COMMISSIONER

[1] [2024] FWCA 900.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Commonwealth of Australia, represented by the Department of Social Services, initiated legal proceedings against the Department of Social Services, concerning the interpretation and application of the Department of Social Services Enterprise Agreement 2024-2027. The dispute arose due to disagreements over the scope of the agreement and its implications for employee entitlements and conditions. The case was heard by the Fair Work Commission, which was tasked with resolving the issues under the Fair Work Act 2009.

The primary legal issues before the Commission involved the interpretation of several clauses within the enterprise agreement. The Department of Social Services argued that certain provisions were ambiguous and should be construed in a manner that would benefit employee rights and protections. Conversely, the Commission had to consider the broader context of the agreement and the intentions of the parties involved in its creation. The central question was whether the agreement's provisions could be interpreted to include certain entitlements that were not explicitly stated.

In its decision, the Fair Work Commission found that the language of the agreement was clear and unambiguous, and that the provisions in question did not extend to the entitlements claimed by the Department of Social Services. The Commission emphasised the importance of giving effect to the plain meaning of the agreement's terms and noted that any ambiguity should be resolved in favour of the party that did not draft the agreement. The Commission further held that the agreement's provisions should be interpreted in a manner consistent with the overall purpose and context of the document.

The Fair Work Commission ultimately dismissed the Department of Social Services' claims and clarified the scope and interpretation of the enterprise agreement. This decision has significant implications for the application of the agreement and the rights and obligations of the parties moving forward.

Commonwealth Of Australia As Represented By The Department Of Social Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established