DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia, as represented by the Department of the Prime Minister and Cabinet
(AG2021/5290)

DEPARTMENT OF THE PRIME MINISTER AND CABINET ENTERPRISE AGREEMENT 2021-2024

Australian Capital Territory
DEPUTY PRESIDENT DEAN	CANBERRA, 3 JUNE 2021

Application for approval of the Department of the Prime Minister and Cabinet Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the Department of the Prime Minister and Cabinet Enterprise Agreement 2021-2024 (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 the Prime Minister and Cabinet (the Applicant). The Agreement is a single enterprise agreement.

[2] 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.

[3] The 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2021. The nominal expiry date of the Agreement is 9 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Commonwealth of Australia, represented by the Department of the Prime Minister and Cabinet, recently sought approval for the Department of the Prime Minister and Cabinet Enterprise Agreement 2021-2024 from the Fair Work Commission. This agreement pertains to the employment conditions of certain employees within the department. The application was brought before the Fair Work Commission to ensure that the proposed agreement complies with relevant Australian workplace laws and to address any potential concerns raised by stakeholders.

The legal issues before the Commission centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement provided fair and reasonable terms and conditions for the employees covered by it, whether it complied with the procedural requirements, and if it adhered to the criteria for fair work. Additionally, the Commission considered whether the agreement would unduly harm the economy or public interest.

The Fair Work Commission, after thorough examination, determined that the proposed agreement met the statutory criteria for approval. The Commission found that the agreement provided fair and reasonable terms and conditions for the employees and adhered to the procedural requirements. Furthermore, the Commission was satisfied that the agreement would not cause undue harm to the economy or public interest. Consequently, the Commission approved the Department of the Prime Minister and Cabinet Enterprise Agreement 2021-2024.

Commonwealth of Australia, as represented by the Department of the Prime Minister and Cabinet

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established