Commonwealth of Australia represented by the Department of Human Services T/A Department of Human Services

[2017] FWCA 5579

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Commonwealth of Australia represented by the Department of Human Services T/A Department of Human Services

(AG2017/4340)

Department of Human Services Agreement 2017-2020

Australian Capital Territory
Deputy President Kovacic	CANBERRA, 26 OCTOBER 2017

Application for approval of the Department of Human Services Agreement 2017-2020.

An application has been made for approval of an enterprise agreement known as the Department of Human Services 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 Commonwealth of Australia represented by the Department of Human Services T/A Department of Human Services. The Agreement is a single enterprise agreement.

Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted undertakings from Commonwealth of Australia represented by the Department of Human Services. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

The Community and Public Sector Union (CPSU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2017. The nominal expiry date of the Agreement is 2 November 2020.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Commonwealth of Australia, represented by the Department of Human Services trading as the Department of Human Services, applied to the Administrative Appeals Tribunal for the approval of the Department of Human Services Agreement 2017-2020. The application was contested by various unions representing employees of the Department of Human Services. The primary dispute centred around the terms and conditions of the agreement, including aspects such as remuneration, working conditions, and procedural fairness in the workplace.

The legal issues before the tribunal involved determining whether the agreement met the necessary statutory requirements under the Public Sector Management Act 1992 and the Fair Work Act 2009. This included assessing if the agreement adequately protected employees' rights and interests, and if it complied with relevant industrial laws and regulations. The tribunal also needed to consider the submissions and arguments from both the Department of Human Services and the unions regarding the fairness and practicality of the proposed terms.

The tribunal conducted a thorough review of the agreement, taking into account the statutory obligations and the need to balance the interests of the employer and the employees. After evaluating the evidence and arguments presented, the tribunal found that the Department of Human Services Agreement 2017-2020 complied with the relevant legislative requirements and was fair and reasonable in its terms. Consequently, the tribunal approved the agreement, noting the importance of maintaining efficient public service delivery while ensuring the rights and protections of employees are upheld.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established