Commonwealth of Australia (Department of Parliamentary Services)

[2024] FWCA 1062

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Commonwealth of Australia (Department of Parliamentary Services)

(AG2024/757)

DEPARTMENT OF PARLIAMENTARY SERVICES ENTERPRISE AGREEMENT 2024

Commonwealth employment
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 MARCH 2024

Application for approval of the Department of Parliamentary Services Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Department of Parliamentary Services Enterprise Agreement 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 (Department of Parliamentary Services). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 26 September 2023 and the Agreement was made on 28 February 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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.

The CFMEU, AMWU, CPSU and CEPU, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2024. The nominal expiry date of the Agreement is 12 January 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Commonwealth of Australia, through its Department of Parliamentary Services, applied to the Fair Work Commission for approval of the Department of Parliamentary Services Enterprise Agreement 2024. The application was contested by the Australian Services Union, which raised concerns about certain provisions of the agreement, particularly those relating to employment conditions and dispute resolution mechanisms. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions for employees, and whether it contained appropriate dispute resolution processes. The Commission also had to consider if the agreement complied with relevant national employment standards and other statutory requirements. Furthermore, the Commission examined whether the agreement adequately balanced the interests of both the employer and the employees.

In deliberating on these issues, the Commission evaluated the provisions of the agreement in the context of the principles of procedural fairness and substantive fairness. It considered submissions from both the Department of Parliamentary Services and the Australian Services Union, as well as broader labour market trends and practices. The Commission found that while some provisions raised legitimate concerns, the overall agreement did provide for fair and reasonable terms and conditions of employment. It also concluded that the dispute resolution mechanisms were appropriate and complied with the relevant statutory requirements.

The Commission approved the Department of Parliamentary Services Enterprise Agreement 2024, subject to minor modifications to address the concerns raised by the Australian Services Union. The approved agreement now serves as the governing document for employment conditions within the Department of Parliamentary Services.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established