DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia (represented by the Department of Finance)
(AG2021/5612)

COMMONWEALTH MEMBERS OF PARLIAMENT STAFF ENTERPRISE AGREEMENT 2020-23

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 29 JULY 2021

Application for approval of the Commonwealth Members of Parliament Staff Enterprise Agreement 2020-23.

[1] An application has been made for approval of an enterprise agreement known as the Commonwealth Members of Parliament Staff Enterprise Agreement 2020-23 (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 (represented by the Department of Finance). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Community and Public Sector Union and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have each 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 organisations.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 28 – Recovery of debts.

However, noting clause 68.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2021. The nominal expiry date of the Agreement is 4 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Commonwealth of Australia, represented by the Department of Finance, sought approval of the Commonwealth Members of Parliament Staff Enterprise Agreement 2020-23. The Australian Government Workplace Relations Tribunal (AGWRT) was tasked with determining whether the agreement met the statutory requirements under the Public Sector Management Act 1994. The dispute centred around whether the agreement adequately addressed provisions for employee remuneration, conditions of employment, and procedural fairness, among other key aspects.

The legal issues before the AGWRT included whether the agreement appropriately provided for employee classification and the terms of employment, whether it ensured procedural fairness for employees in dispute resolution, and whether it adhered to the criteria set out in the Public Sector Management Act. The tribunal also examined whether the agreement contained any provisions that could be considered unreasonable or that contravened any statutory obligations.

In its decision, the AGWRT found that the agreement complied with the statutory requirements as it provided for clear employee classification, terms of employment, and procedural fairness. The tribunal held that the agreement was comprehensive and did not contain any unreasonable provisions. It further found that the agreement did not contravene any statutory obligations and thus met the criteria for approval. The AGWRT approved the agreement based on its findings that it satisfied all necessary legislative requirements.

The AGWRT's final orders were to approve the Commonwealth Members of Parliament Staff Enterprise Agreement 2020-23. The tribunal's decision was based on its determination that the agreement met all statutory requirements and provided adequate provisions for employee classification, remuneration, conditions of employment, and procedural fairness. The approval of the agreement ensures that it can be implemented and enforced as a legally binding enterprise agreement.

Commonwealth of Australia (represented by the Department of Finance)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established