DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia, as represented by the Department of the Senate
(AG2017/3743)

DEPARTMENT OF THE SENATE ENTERPRISE AGREEMENT 2017 - 2020

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 1 NOVEMBER 2017

Application for approval of the Department of the Senate Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Department of the Senate 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 Senate. 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 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 8 November 2017. The nominal expiry date of the Agreement is 8 November 2020.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Commonwealth of Australia, acting through the Department of the Senate, sought approval for the Department of the Senate Enterprise Agreement 2017-2020. The application was made to the Fair Work Commission, which was required to assess whether the agreement complied with the relevant legislative requirements under the Fair Work Act 2009. The dispute centred on the adequacy of the proposed terms and conditions, particularly regarding the entitlements and protections for employees within the department.

The legal issues before the Commission included whether the proposed agreement provided for the minimum entitlements required by the Fair Work Act, including minimum wages, leave entitlements, and other conditions of employment. Another issue was whether the agreement appropriately balanced the interests of the employees with those of the employer, ensuring that it did not unfairly disadvantage either party. Furthermore, the Commission had to consider whether the agreement contained appropriate mechanisms for resolving disputes between employees and the department.

In delivering its decision, the Fair Work Commission examined the provisions of the proposed agreement against the statutory benchmarks and the broader principles of industrial fairness. The Commission found that the agreement met the minimum legislative standards and provided fair and reasonable terms and conditions for the employees. It was noted that the agreement included provisions that were, in some respects, more favourable than the minimum requirements. The Commission was satisfied that the agreement appropriately balanced the interests of both parties and contained effective dispute resolution mechanisms. Consequently, the Commission approved the Department of the Senate Enterprise Agreement 2017-2020.

The Fair Work Commission approved the Department of the Senate Enterprise Agreement 2017-2020, effective from the date of the decision. The approval signifies that the agreement complies with the requirements of the Fair Work Act and provides fair and reasonable terms and conditions for the employees within the department.

Commonwealth of Australia, as represented by the Department of the Senate

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established