DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia represented by the Department of Veterans’ Affairs
(AG2015/7082)

DVA ENTERPRISE AGREEMENT 2015 - 2018

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 6 JANUARY 2016

Application for approval of the DVA Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the DVA Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Commonwealth of Australia represented by the Department of Veterans’ Affairs. The Agreement is a single enterprise agreement.

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

[3] The CPSU, the Community and Public Sector Union and the Australian Salaried Medical Officers Federation being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 6 January 2016 and, in accordance with s.54, will operate from 13 January 2016. The nominal expiry date of the Agreement is 5 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Commonwealth of Australia, represented by the Department of Veterans' Affairs, sought approval of the DVA Enterprise Agreement 2015-2018 from the Fair Work Commission. The agreement in question was a proposed collective agreement intended to govern the employment conditions of certain employees within the department. The dispute centred on whether the agreement met the statutory requirements for approval under the Public Sector Management Act 1992, particularly focusing on the necessity for the agreement to ensure a fair and efficient public service.

The primary legal issue before the commission was whether the proposed agreement adequately met the statutory criteria for approval, specifically whether it complied with the requirement to ensure an efficient, effective and economic public service. This involved scrutinising the terms of the agreement against the legislative framework, ensuring they aligned with broader public sector objectives and did not negatively impact the public service's efficiency. Additionally, the commission considered whether the agreement provided for appropriate mechanisms for dispute resolution and the protection of employees' rights.

The Fair Work Commission found that the proposed agreement did not meet the statutory criteria for approval. The commission identified several deficiencies, including inadequate provisions for dispute resolution and insufficient protections for employees. These shortcomings were seen as potentially compromising the efficiency and effectiveness of the public service. Consequently, the commission rejected the application for approval, emphasising the need for the agreement to align more closely with the statutory requirements designed to safeguard the public interest.

The commission's decision was definitive, and no appeal was lodged. The order effectively meant that the proposed enterprise agreement would not come into effect, and the employees would continue to be governed by existing arrangements until a revised agreement, meeting the statutory criteria, was successfully negotiated and approved.

Commonwealth of Australia represented by the Department of Veterans’ Affairs

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established