Department Of Internal Affairs - New Zealand Government Summary

[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

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Department of Internal Affairs (New Zealand Government) applied for approval of a proposed enterprise agreement. The applicant, a government department of New Zealand, operates in Australia through a Sydney office. The proposed agreement seeks to regulate the employment terms and conditions of certain employees. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for minimum pay rates, entitlements, and dispute resolution mechanisms in accordance with the legislative requirements.

The primary legal issues before the Commission were whether the proposed agreement met the statutory standards set out in the Fair Work Act. This included scrutinising whether the agreement provided adequate minimum wage rates, annual leave entitlements, and adequate provisions for dispute resolution. The Commission also needed to consider whether the agreement contained any provisions that were contrary to public policy or contrary to the spirit of the Fair Work Act. These included ensuring the agreement did not undermine the rights of employees or impose conditions that were overly restrictive.

The Commission carefully examined the proposed agreement against the legislative framework. It found that the agreement provided for minimum wage rates that were consistent with the national minimum wage and other applicable awards. The agreement also included provisions for annual leave that met the statutory requirements. The dispute resolution mechanisms within the agreement were deemed to be fair and effective. The Commission concluded that the agreement did not contain any provisions that were contrary to public policy or the spirit of the Fair Work Act. Based on these findings, the Commission approved the proposed enterprise agreement.

Accordingly, the Fair Work Commission approved the Te Tari Taiwhenua Department of Internal Affairs Sydney – Enterprise Agreement 2024, finding it to be compliant with the Fair Work Act. The approved agreement will now govern the employment terms and conditions of the employees covered by the agreement.

Department Of Internal Affairs - New Zealand Government

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established