Department Of Internal Affairs - New Zealand Government
[2024] FWCA 1059
•26 MARCH 2024
| [2024] FWCA 1059 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Department Of Internal Affairs - New Zealand Government
(AG2024/481)
TE TARI TAIWHENUA DEPARTMENT OF INTERNAL AFFAIRS SYDNEY – ENTERPRISE AGREEMENT 2024
| Industries not otherwise assigned | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 26 MARCH 2024 |
Application for approval of the Te Tari Taiwhenua Department of Internal Affairs Sydney – Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Te Tari Taiwhenua Department of Internal Affairs Sydney – Enterprise Agreement 2024 (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 Internal Affairs (New Zealand Government) (the Applicant). The Applicant is a national system employer within the extended meaning of that term as provided for by s.30N of the Act. The Agreement covers specified employees employed by the Applicant in New South Wales. The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
I note that the employees who were entitled to vote on the Agreement were provided with a copy of the proposed agreement 6 days before the start of the voting process. I note further that the NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Branch of the Australian Municipal, Administrative, Clerical and Services Union (ASU) being a bargaining representative for the proposed agreement, agreed that the period was a reasonable time period in accordance with clause 6(b) of the Statement of Principles. I am satisfied that it was a reasonable time period in the circumstances and that employees had a reasonable opportunity to consider the proposed enterprise agreement before voting on it.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
I note that Clause 9.5 of the Agreement provides that no term of this Agreement will operate to exclude the National Employment Standards (NES) or any provision of the NES or be detrimental to an Employee in any respect when compared to the NES and that for the avoidance of doubt, the NES (and associated definitions) are not incorporated into this Agreement.
The ASU lodged a Form F18 statutory declaration giving 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 the Agreement covers the ASU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 13 February 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE523948 PR772722>
Annexure A
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