Commonwealth of Australia represented by The Digital Transformation Agency

[2018] FWCA 7564

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Commonwealth of Australia represented by The Digital Transformation Agency

(AG2018/3652)

Digital Transformation Agency (DTA) Enterprise Agreement 2018-2021

Commonwealth employment
Deputy President Kovacic	CANBERRA, 13 DECEMBER 2018

Application for approval of the Digital Transformation Agency (DTA) Enterprise Agreement 2018-2021 (Agreement).

An application has been made for approval of an enterprise agreement known as the Digital Transformation Agency (DTA) Enterprise Agreement 2018-2021 (Agreement) (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 Digital Transformation Agency. 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 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2018. The nominal expiry date of the Agreement is 20 December 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case between the Commonwealth of Australia, represented by The Digital Transformation Agency, and the Australian Public Service Commission, the matter before the Fair Work Commission involved the application for approval of the Digital Transformation Agency (DTA) Enterprise Agreement 2018-2021. The Commission was required to determine whether the agreement met the statutory criteria for approval, particularly in terms of its alignment with the Fair Work Act 2009 and its adherence to the principles of industrial fairness and effectiveness.

The primary legal issues addressed by the Commission revolved around the procedural validity of the agreement and its substantive compliance with the requirements of the Fair Work Act. Specifically, the Commission had to examine whether the agreement was the product of genuine bargaining between the employer and the employee representatives, and whether it satisfied the terms of the Act by providing for the terms and conditions of employment in a manner that was fair and effective.

The Fair Work Commission found that the agreement was the result of genuine and substantive bargaining between the parties, as evidenced by the extensive negotiations and the participation of independent third parties. The Commission also noted that the agreement provided for a range of employment terms and conditions that were considered fair and effective. It was found to address key areas such as wages, leave entitlements, and dispute resolution mechanisms in a manner consistent with the principles of industrial fairness. Consequently, the Commission approved the agreement, confirming its compliance with the statutory requirements for enterprise agreements.

The Fair Work Commission approved the Digital Transformation Agency Enterprise Agreement 2018-2021, determining that it met the necessary criteria for approval under the Fair Work Act. This decision affirmed the validity of the agreement, which now sets the terms and conditions of employment for the relevant workforce within the Digital Transformation Agency.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established