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
(AG2018/4613)

DEPARTMENT OF HUMAN SERVICES MEDICAL OFFICERS AGREEMENT 2018-2021

Commonwealth employment
DEPUTY PRESIDENT KOVACIC	CANBERRA, 10 JANUARY 2019

Application for approval of the Department of Human Services Medical Officers Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Department of Human Services Medical Officers Agreement 2018-2021 (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.

[2] 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2019. The nominal expiry date of the Agreement is 17 January 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by the Commonwealth of Australia, represented by the Department of Human Services, seeking approval of the Department of Human Services Medical Officers Agreement 2018-2021. The matter was heard in the Fair Work Commission (FWC). The dispute centres around the validity and approval of the agreement which governs the terms and conditions of employment for medical officers within the Department.

The primary legal issues that the Commission had to address were whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of being a modern award and ensuring procedural fairness. This included verifying that the agreement had been negotiated in good faith and that proper consultation had occurred with the affected employees. Furthermore, the Commission examined whether the agreement provided appropriate protections and entitlements for medical officers, aligning with the objectives of the Act.

The Commission found that the application complied with the necessary legislative requirements. It was satisfied that the agreement had been negotiated in good faith and that appropriate consultation processes had been followed. The agreement was deemed to meet the criteria for a modern award, providing fair and reasonable terms for medical officers while aligning with the broader objectives of the Act. Consequently, the Commission approved the application, endorsing the Department of Human Services Medical Officers Agreement 2018-2021.

As a result of the Commission's decision, the Department of Human Services Medical Officers Agreement 2018-2021 was approved and is now a legally binding modern award. This means that the terms and conditions outlined in the agreement will apply to the employment of medical officers within the Department, providing a framework for their remuneration, working conditions, and other employment-related matters.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established