DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Department of Foreign Affairs and Trade
(AG2018/7245)

DEPARTMENT OF FOREIGN AFFAIRS AND TRADE ENTERPRISE AGREEMENT 2019

Commonwealth employment
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 JANUARY 2019

Application for approval of the Department of Foreign Affairs and Trade Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Department of Foreign Affairs and Trade Enterprise 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 Foreign Affairs and Trade. 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 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 is approved and, in accordance with s.54 of the Act, will operate from 10 January 2019. The nominal expiry date of the Agreement is 10 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Department of Foreign Affairs and Trade, which sought approval of the Department of Foreign Affairs and Trade Enterprise Agreement 2019. This agreement was proposed to govern the employment conditions of certain employees within the department. The application for approval was lodged with the Fair Work Commission (FWC), which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the FWC centred on whether the proposed agreement provided for the fair and equitable treatment of employees, including adequate wages and conditions, and whether it complied with the statutory requirements for enterprise agreements. A significant aspect of the hearing was the examination of whether the agreement appropriately balanced the interests of both the department and its employees, ensuring fairness and efficiency in the workplace.

In delivering its decision, the FWC assessed the agreement against various statutory benchmarks and considered submissions from both the department and relevant employee representatives. The FWC found that the proposed agreement was fair and reasonable, taking into account the broader economic context, the department's operational needs, and the need to provide fair remuneration and conditions to employees. The commission concluded that the agreement met the necessary criteria for approval, emphasising the importance of maintaining a balanced and fair industrial relations environment.

The FWC approved the Department of Foreign Affairs and Trade Enterprise Agreement 2019, recognising its alignment with the statutory requirements for enterprise agreements. This decision ensures that the agreement will govern the employment terms and conditions of the relevant employees, providing a framework that addresses the interests of both the department and its workforce.

Department of Foreign Affairs and Trade

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established