DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia as represented by the Department of the Prime Minister and Cabinet
(AG2017/2545)

DEPARTMENT OF THE PRIME MINISTER AND CABINET ENTERPRISE AGREEMENT 2017-2020

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 24 JULY 2017

Application for approval of the Department of the Prime Minister and Cabinet Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Department of the Prime Minister and Cabinet Enterprise Agreement 2017-2020 (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 as represented by the Department of the Prime Minister and Cabinet. 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 1 August 2017. The nominal expiry date of the Agreement is 1 August 2020.

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, sought approval of the Enterprise Agreement 2017-2020. The applicant argued that the agreement should be approved as it represented a fair and reasonable outcome for both employees and the department. The application was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement was consistent with the provisions of the Fair Work Act 2009. The Commission needed to consider whether the agreement met the "better off overall test" (BOOT), which required that employees be no worse off and at least some employees be better off financially under the new agreement. Additionally, the Commission examined whether the agreement contained appropriate protections for employees' rights and obligations.

In its decision, the Commission found that the agreement met the BOOT as it provided improved conditions for some employees, while ensuring no employee was worse off. The Commission also noted that the agreement contained appropriate protections for employees' rights and obligations, including provisions for flexible working arrangements, grievance procedures, and dispute resolution mechanisms. As such, the Commission approved the Enterprise Agreement 2017-2020, finding it to be fair and reasonable.

The Fair Work Commission approved the Enterprise Agreement 2017-2020, recognising it as a fair and reasonable outcome for both the Department of the Prime Minister and Cabinet and its employees. The Commission's decision ensures that employees benefit from improved conditions while maintaining adequate protections for their rights and obligations.

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