Commonwealth of Australia (represented by the Department of Finance)

[2021] FWCA 4586

[2021] FWCA 4586

FAIR WORK COMMISSION

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

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Annexure A