DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Department of Environment, Land Water and Planning
(AG2019/4672)

FIELD STAFF AGREEMENT 2019

State and Territory government administration
COMMISSIONER LEE	MELBOURNE, 29 JANUARY 2020

Application for approval of the Field Staff Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Field Staff Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Department of Environment, Land Water and Planning. 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 Australian Workers’ 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 35.1.2.6 – Amount of paid personal/ carer’s leave

• Clause 40.1.1 – Definitions

However, noting clause 7.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2020. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Department of Environment, Land, Water and Planning, which sought approval for the Field Staff Agreement 2019. This agreement outlined the terms and conditions of employment for field staff within the department. The application for approval was contested by the Public Sector Union, which argued that certain provisions in the agreement were not in line with the principles of fairness and equity. The matter was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009.

The primary legal issues before the Commission centred on whether the provisions in the Field Staff Agreement 2019 complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of procedural fairness and substantive fairness. The Commission needed to assess whether the agreement provided for fair and equitable terms of employment, including provisions related to classification, wages, and working conditions. Furthermore, the Commission had to consider the process by which the agreement was negotiated and whether it adhered to the necessary procedural requirements.

The Fair Work Commission found that while the majority of the provisions in the Field Staff Agreement 2019 were in compliance with the Fair Work Act 2009, certain clauses regarding the classification of field staff and the process for resolving disputes were not adequately addressed. The Commission noted that the classification process did not sufficiently account for the unique nature of field work, and that the dispute resolution mechanisms were not robust enough to ensure fair outcomes for employees. As a result, the Commission declined to approve the agreement, directing the parties to revisit and revise the contentious provisions to meet the statutory requirements. The Commission emphasised the importance of ensuring that employment agreements foster a fair and equitable working environment for all employees within the department.

Department of Environment, Land Water and Planning

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established