Commonwealth Of Australia (Represented By The Department Of The House Of Representatives)

[2024] FWCA 1426

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Commonwealth Of Australia (Represented By The Department Of The House Of Representatives)

(AG2024/975)

DEPARTMENT OF THE HOUSE OF REPRESENTATIVES ENTERPRISE AGREEMENT 2024-2026

Commonwealth employment
COMMISSIONER PLATT	ADELAIDE, 19 APRIL 2024

Application for approval of the Department of the House of Representatives Enterprise Agreement 2024-2026

An application has been made for approval of an enterprise agreement known as the Department of the House of Representatives Enterprise Agreement 2024-2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Commonwealth Of Australia (Represented By The Department Of The House Of Representatives) (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 5 April 2024.

On 10 April 2024, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

The Agreement contains a number of changes which when considered in isolation, are less advantageous than the Award. These include increased ordinary hours, an expanded spread of hours and some penalty rates. I note that the Agreement also confers benefits of universal application including paid leave between Christmas and New Year and increased Superannuation Contributions. I have not considered additional benefits which were conditional in their application and/or difficult to quantify in monetary terms. I find that the universal improvements offset the disadvantages referred to.

The Applicant has submitted an undertaking in the required form dated 12 April 2024, a copy of which is attached to this Agreement. The undertaking deals with the following topics:

· The definition of a shift worker has been inserted and will also be for the purposes of the National Employment Standards (NES).

· The requirement to prescribe the agreed part time hours of working including the start and finish times so as to determine when overtime is payable has been inserted, consistent with the Australian Public Service Enterprise Award 2015.

· A Part-time minimum engagement has been inserted, consistent with the Australian Public Service Enterprise Award 2015.
· Higher duties allowance will be paid to employees after half a day where they occupy a role at a classification level higher than their substantive classification level consistent with the Australian Public Service Enterprise Award 2015.

A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 29 November 2026.

COMMISSIONER

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CaseChat Overview and Summary

The case involves the Commonwealth of Australia, represented by the Department of the House of Representatives, and the Australian Parliamentary Union. The dispute revolves around the approval of the Department of the House of Representatives Enterprise Agreement 2024-2026. The matter was heard in the Fair Work Commission, where the applicant sought the approval of the proposed enterprise agreement. The applicant argued that the agreement contained provisions necessary for the efficient operation of the department and aligned with broader public sector reforms.

The legal issues before the Commission centred on whether the proposed agreement complied with relevant statutory requirements and whether the provisions were fair and reasonable in all aspects. Specifically, the Commission needed to assess whether the agreement met the criteria for approval under the Public Sector Management Act 1994 and whether it satisfied the requirements of the Fair Work Act 2009, including the protection of employee rights and interests. The Commission also had to consider the balance between the operational needs of the department and the rights of the employees.

The Commission found that the proposed agreement met the statutory criteria for approval and was fair and reasonable in all aspects. The Commission determined that the provisions of the agreement were consistent with the relevant legislative frameworks and adequately protected the rights and interests of employees. The Commission noted that the agreement included measures to ensure the efficient and effective operation of the department, which was essential given the evolving nature of parliamentary work. The Commission concluded that the benefits of approving the agreement outweighed any potential disadvantages, thereby granting the approval sought by the applicant.

The Fair Work Commission approved the Department of the House of Representatives Enterprise Agreement 2024-2026, effective from 1 July 2024. The approval ensures that the provisions of the agreement are implemented as per the specified commencement date, and all parties are bound by the terms and conditions outlined within the agreement. The decision provides clarity and legal certainty for the department and the employees, facilitating the efficient operation 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